Conflict Resolution in Healthcare

by Kathy Clark & Ruth Rickard Our primary focus in this chapter is conflict resolution in healthcare.  In particular, we look closely at non-adversarial responses to adverse medical events (AME) in both a legal and medical context.  Examination of both contexts will assist in promoting and sustaining the valuable, growing synergy between law and healthcare, which provides the opportunity to expand and enhance communication with patients/clients.  Although we look at these practices in the narrow context of AME, the concepts we discuss apply across the board in most areas of healthcare conflict resolution. Full Chapter Here

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Expanding Dispute Resolution: Design & Use of Anticipatory and Preventative Processes

by Kimberlee Kovach For many, it appears that dispute resolution methods, particularly mediation and arbitration, have greatly increased in use. However, others have questioned whether mediation is under-used—or in other words, is sleeping. A reflection on dispute resolution development and evolution in Texas, based upon the last 35 years, provides some perspective of where we have been, currently are, and the potential of future possibilities. This chapter provides a brief look at the early use of mediation that may be helpful in visualizing the future. Full Chapter Here

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Traditional Family Law Mediation

by Michael P. O’Reilly. The biggest difference between family law cases and other types of mediations is the parties’ need to vent and tell their story. Moreover, parties usually do not know what to expect, do not understand the law, and do not appreciate what is, and is not, at stake in a family law mediation. Successful family law mediators educate the parties in all of these areas. Michael O’Reilly shares strategies that mediators can use in this educational process so that the mediation feels successful for all parties involved. Full Chapter Here

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New Frontiers: Early Collaborative (Team) Mediation

by Stacey H. Langenbahn, J.D. & Linda Miller-deBerard. There are a growing number of divorcing couples, unmarried parents, or already divorced parents who want to make decisions privately together for their children, without litigation. Instead, they want to begin the process amicably. They start with either with a neutral Collaborative mediator, or a team of neutral professionals who have targeted expertise and can help them find the right resolution from the beginning. These clients are cost conscious, and fair outcomes are important to them. As a result, groups of professional family mediators are emerging, many with extensive training in Collaborative Law. They are forming core interdisciplinary Collaborative co-mediator teams of a legal and mental health professionals. Stacey Langenbahn and Linda Miller-deBerard offer a Top Ten list of benefits to this type of mediation, and outline what the process looks like. Full Chapter Here

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Parenting Coordination, Parenting Facilitation, and (sometimes) Family Counseling

by Aaron Robb, Ph.D. Research shows that post-divorce parental conflict is the strongest predictor of maladjustment
in children. For parents who continue to experience anger, distrust, or other difficulties in communicating about and cooperating in the care of their children, a parenting coordinator or parenting facilitator may help minimize the children’s exposure to harmful parental conflict. The goal of the parenting coordination or parenting facilitation process is to help parents build a healthy, businesslike relationship with each other. Dr. Aaron Robb addresses how both parenting coordination and parenting facilitation can be useful in resolving family law disputes; and encourage attorneys to consider whether one of these ADR services, or even old-fashioned family counseling, will most efficiently achieve your clients’ goals. Full Chapter Here

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Collaborative Divorce and the Collaborative Law Process in Other Family Cases

by Camille Milner. Many lawyers went to law school with the idea that they would help people, but find out that law typically uses a zero-sum method of conflict resolution. Collaborative law, used most frequently in divorce cases, offers a different way to resolve conflicts. But executing Collaborative cases successfully requires paradigm shifts from clients, lawyers, and other professionals involved. Clients need to shift from expecting lawyers to fight for them in an adversarial way, to taking ownership of their case and their lives. They must learn how to negotiate for themselves to reach their agreement with the support of the Collaborative team. Camille Milner delves into the details of the Collaborative process, and the various models that attorneys can use in Collaborative divorce cases. Full Chapter Here

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Environmental Conflict Resolution

by Suzanne Schwartz. Conflicts over environmental preservation and development of resources show no sign of abating. Environmental conflict resolution (ECR) began in 1974, when it was used to settle the seemingly intractable disputes over the Snoqualmie River dam in Washington. Statutory and organizational infrastructures now support ECR. This chapter helps to understanding why and when to use ECR, and principles and best practices for its use. Author Suzanne Schwartz takes a close look at conducting an ECR process. What internal and external assessments can help determine if a situation warrants use of ECR? Who should participate, and what should their roles be? What is important to process design, and what steps best build consensus? Schwartz covers all of these issues, plus the special issue of science in these collaborative processes. Two specific case studies will weave throughout the chapter to illustrate practical application of the principles described. Full Chapter Here

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Mediation in College and University Settings

by Karey Barnes. and Gene Roberts. Colleges and universities today are home to at least three generations: Baby Boomers, Gen X, and Millennials. On the horizon is also iGen, or Gen Z. Plus, higher education is increasingly diverse. Naturally, the opportunities for conflict amongst such diverse populations are rife. One of the unique aspects of mediating in that environment is the opportunity to educate students, faculty, and staff that there are alternatives beyond going to the courthouse that can be used to resolve disputes. The authors offer data on their experiences with mediation, including breaking down the time it takes to mediate. In the end, parties feel heard, have learned a different way to resolve disputes, and costs are lower for both parties and the universities. Full Chapter Here

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Domestic and International Developments in Online Dispute Resolution

by Benjamin Davis. and Graham Ross. Technology is evolving and working its way further into our lives, including areas like dispute resolution. Amazon, eBay, and PayPal have been using online alternative dispute resolution for years. But now, online dispute resolution has expanded into business dispute mediation, among other areas. Benjamin Davis and Graham Ross take a look at the current issues around online dispute resolution. They also share the transcript of a mock online dispute resolution session, giving a window into one way the ADR profession is evolving, and what it might look like for practitioners and participants. Full Chapter Here

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The Future of ADR

by Judge Frank Evans, Don Philbin, and Colin Rule. Conflict in human interactions is perennial. But our understanding of behavior in conflict is advancing and opening opportunities for the next generation of conflict resolvers. The authors take a look at two questions: How do we address growing pains in the practice of ADR? How will technology change both our understanding of how people make decisions, and the delivery of ADR? Full Chapter Here

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