WSJ: New ADR Services For Healthcare Field

Not sure if everyone read this already (I was away for a few days) but this sounds pretty impactful in the healthcare field as we as the ADR field.

From the Wall Street Journal on July 22nd:
To cut medical-malpractice costs, five New York City hospitals have agreed to a pilot program to divulge medical mistakes early, offer settlements quickly and use special state "health courts,'' where judges will help negotiate agreements before cases go to trial.

..."Judge-directed negotiations'' will likely resemble a long-time mediation effort by Bronx Judge Douglas McKeon, who is credited with helping to cut malpractice costs incurred by New York City's Health and Hospitals Corp., which runs the city's public hospitals. The mediation effort has cut payouts to $130 million this year, from a high of $196 million in 2003, said Al Aviles, HHC's president.

...Nicholas I. Timko, president of the New York State Trial Lawyers Association, said he was hopeful but had concerns. "We favor initiatives that promote patient safety, but are concerned that the disclosure and early settlement program may allow negligent providers to escape responsibility for their actions and exploit patients unrepresented by counsel,'' he said.


Read the full article [here].

Of course this raises many, many questions. To start with, here are two:

1) is this a new form of med-arb?

2) Do the judges have any formal mediation training?






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Divorce Mediation Article in USA Today

An interesting article today from USAToday.com which mentions some of the advantages to mediating a divorce:

No one keeps statistics on the number of mediated and collaborative divorces. But Zarzynski, during 31 years of practice, has seen the trend firsthand. When he started, mediated cases were rare. Ten years ago, he mediated about a dozen a year; last year, that number was 75.

A typical traditional divorce can stretch out for months — even years — and cost both parties $15,000 to $25,000.

Zarzynski says a mediated divorce, on average, costs $1,000 and takes 70 days, including the state's mandatory cooling-off period of 60 days.

...Over the past 30 years, mediation's popularity has grown as an alternative to going to court across the U.S. in all kinds of legal disputes. In California, mediation is mandatory for contested child custody and visitation. And, in attempts to ease the negative effects of divorce on children, at least 28 states require divorcing couples to attend parenting classes that among other things teach the importance of parenting together.

Full article [HERE]

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