Contextualizing ADR in Managed Care: a Proposal Aimed at Easing Tensions and Resolving Conflict

Abstract

This Article analyzes what some believe to be the silver bullet curing many of the ills of the health care industry, alternative dispute resolution. After reviewing the various forms of alternative dispute resolution that have been incorporated into the health care system, the Article examines reasons why alternative dispute resolution ultimately will not resolve the tension between patients and the health care industry in today's medical marketplace. Rather, it suggests that the health care industry should adopt a conflict management approach, focusing on education and on optimizing procedural justice rather than on alternative forms of resolving discrete issues. Should the health care industry adopt this proposal, the Article suggests, patients will respond positively and many of the tensions currently present in the system will be resolved.