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In Rita D. Brinley ADR Resource Center:

Rita D. Brinley ADR Resource Center
About the Hearing Officer Selection Process
Ethics, Rules and Forms
Request a Dispute Resolver List
Toolkit for Managing Healthcare Conflict
Cost of Services
Important Rules Amendments
Update Your Resolver Profile
Renew Your ADR Subscription
ADR Training
Become a Neutral
    
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Rita D. Brinley ADR Resource Center

Rita D. Brinley Tribute Page


The ADR Resource Center was formed to provide additional benefits for members and for resolvers on the AHLA Alternative Dispute Resolution (ADR) Service Panel. The Resource Center will be compiling informative resources that will benefit arbitrators, mediators, hearing officers and those who advocate before them. The resources include case summaries prepared by AHLA staff, analysis articles written by members and resolvers, and articles written by others (after reprinting permission has been granted). The association urges resolvers to publish analysis pieces here to benefit their colleagues and to increase their own visibility within the ADR community. These resources will be an additional benefit for members and resolvers alike. AHLA staff will update this page from time to time with additional resources so please check back often to find out if any new resource has been published.

Reports

***New***FTC Report: Repairing a Broken System: Protecting Consumers in Debt Collection Litigation and Arbitration (July 2010). Commissioner Julie Brill, concurring statement.

Case Summaries

 

Illinois Supreme Court Finds State Statute Governing Nursing Home Disputes Subject To FAA Preemption 

Arbitrator Rules In Favor Of Nursing Home In Negligence Action, Awards Attorney’s Fees
 U.S. Court In South Dakota Calls For Substitute Arbitrator Where Named Arbitrator Was Unavailable 
U.S. Court In Texas Finds Hospital May Not Compel Insurer To Arbitrate Based On Contract To Which Insurer Was Not A Party
Colorado Appeals Court Holds Healthcare Proxy Lacked Authority To Sign Arbitration Agreement On Nursing Home Resident's Behalf
Florida Appeals Court Says Durable Power Of Attorney Sufficiently Broad To Bind Nursing Home Resident
Florida Appeals Court Says Attorney-In-Fact With Broad Authority Over "Property Rights" Had Power To Agree To Arbitration
 Second Circuit Upheld Arbitrator’s Award In Favor Of Pension Plan After Hospital Stopped Making Contributions
Colorado Supreme Court Finds POA Holder May Bind Incapacitated Principal To Nursing Home Arbitration Agreement
  Florida Appeals Court Says Arbitration Agreement Not Invalidated By Named Arbitrator’s Refusal To Administer Pre-Dispute Agreement
Nebraska High Court Finds Nursing Home Patient's Son Had No Authority To Bind Patient To Arbitration Agreement
California Appeals Court Finds Arbitration Agreement Was Unenforceable Because Patient Died Within Statutory 30-Day Rescission Period
Supreme Court Denies Review Of Sixth Circuit Decision Refusing To Increase Arbitration Award Won By Physicians Against Hospital-Employer
Ninth Circuit Finds Contract Claims Alleged In Arbitration Not Preempted By ERISA

Tennessee Appeals Court Finds Nursing Home Arbitration Agreement Was Not Enforceable In Wrongful Death Action

California Appeals Court Refuses To Compel Arbitration Of Heirs' Wrongful Death Action Against Physician
Georgia Appeals Court Finds Son Had Authority To Bind Father To Nursing Home Arbitration Agreement
California Appeals Court Upholds Refusal To Compel Arbitration Where Potential Existed For Conflicting Rulings
Ohio Supreme Court Says Resident's Age And Waivers Of Jury Trial, Punitive Damages Did Not Render Nursing Home Arbitration Agreement Unconscionable

Resolver's Corner: Selected Analysis and Commentary by AHLA Resolvers
White Paper on Arbitration
Compiled By: John Allen Chalk, Sr. and Rebecca K. Eaton
Whitaker, Chalk, Swindle & Sawyer, LLP


Helpful Background Resources:

2008 Basics of Mediating Healthcare Conflicts Audio Recording



ADR Conflict Management Toolkit
By: Jane Reister Conard, Jane Reister Conard LLC, Salt Lake City, UT
Jeanne R. Franklin, Mediator and Attorney at Law, Arlington, VA
Ila S. Rothschild, Special Counsel, Joint Commission, Park Ridge, IL
Lisa Diehl Vandecaveye, Corporate Vice President, Legal Affairs, Botsford Health Care Continuum, Farmington Hills, MI

 

Articles
The Alternative to Alternative Dispute Resolution
Reprinted with permission from the Association of Corporate Counsel 2010 All Rights Reserved www.acc.com
This excellent article persuasively summarizes the reasons not to use an "administered arbitration" and, in AHLA's opinion, makes an extremely strong case for using an "appointment authority" as the dispute resolution service of choice. The AHLA ADR Service is the premier "appointment authority" for healthcare, and AHLA encourages members and others to include it in relevant contracts and agreements. AHLA thanks ACC for making this article available and encourages in-house counsel to visit the ACC website to look at its magazine and benefits.
 Arbitration and Other Protective Clauses in Long Term Care Admission Agreements
  By Michael J. Sacopulos, Sacopulos Johnson & Sacopulos, Terre Haute, IN and Jeffrey Segal, M.D., Medical Justice Services Inc., Greensboro, NC

 ADR = Arbitration Done Right?
 Jerry P. Roscoe, JAMS, The Resolution Experts, Washington, DC
 Maya Ganguly, Law Student, University of Wisconsin, Madison, WI

Your ADR Service: ADR Training Testimonials
"AHLA arbitration training not only prepared me to serve as an arbitrator, it also increased my understanding of what I should expect from qualified arbitrators and the proceedings before them. It was a meaningful experience that clearly demonstrated that arbitration is not just "litigation-lite", but an opportunity to have a dispute heard by professionals who understand the transactions and issues."

Jane Chandler Holt
Kansas City, MO

"The AHLA Arbitration Training Program was an excellent blend of comprehensive and practical information. The instructor was very knowledgeable about all aspects of arbitration. He also encouraged participants to share their real-life arbitration experiences, which further enriched the program content and created an informal and relaxed atmosphere. I highly recommend the program to new and experienced arbitrators."

John Perlstein
Manchester, CT

"AHLA's Arbitration Training is a valuable service to the health care industry. Not only is Jerry Roscoe a first-rate instructor, but the materials we received provide a sound legal framework for arbitration proceedings and practical advice from experienced arbitrators."

Richard Nelson
Lincoln, NE

"Jerry Roscoe's AHLA arbitration training workshop packed a tremendous amount of educational and useful information into a single day's program. Jerry is an engaging and knowledgeable lecturer with extensive experience as an arbitrator, teacher and mentor. His syllabus and materials are comprehensive. I came away with excellent information and insights about being an arbitrator."

Maxine Neuhauser
Newark, NJ

"I attended the latest ALHA arbitration workshop and found the information to be invaluable. The presenter was very knowledgeable and the material was applicable to beginners as well as veteran arbitrators. I would highly recommend the AHLA training workshop to anyone interested in arbitration."

Richard W. Merrill, Jr.
Spring Grove, IL

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