Conflict Resolution in Healthcare

Abstract

This article discusses in-house conflict resolution processes for healthcare, particularly focusing on institutions such as hospitals, hospital systems and ACOs/accountable care organizations. These processes differ markedly from the pre-trial mediation familiar to health lawyers and, because they are now essential, health lawyers need to be conversant with them.

First, as attorneys create new relationships for clients, they need to foster durability of those relationships. They need to build conflict resolution structures directly into the relationships.

Second, since health lawyers may be directly involved in some conflict negotiations, they need to understand how to serve in a collaborative rather than adversarial mode, to preserve and improve rather than sever relationships.

Keywords: healthcare, mediation, conflict resolution, law, health law, collaborative law