Mediating Disputes In The Health Care Field

Abstract

This paper will demonstrate how alternative dispute resolution (ADR) should be considered as a method of lessening the negative impact of litigation in the health care field.  Probably, an even more important goal is to build and maintain relationships between and amongst parties so that future dealings can be enhanced. The first part of the paper will consider the importance of lowering the rhetoric between disputing parties.  A second purpose of this paper is to demonstrate how student written scenarios can be role-played in the classroom so as to energize students in the learning process. Several mock mediations from these student developed cases will be discussed with video clips shown, as they were utilized in  the Health and Employment Law 2005 Fall Semester undergraduate courses at Winthrop University.  A final purpose is to consider the importance of student input into this learning method.