This volume presents some of the findings from a project on various aspects of Alternative Dispute Resolution (ADR), including conciliation, mediation, and arbitration. To study the discursive practices of ADR today, an international initiative has been undertaken by a group of specialists in discourse analysis, law, and arbitration from more than twenty countries. The chapters in this volume draw on discourse-based data (narrative, documentary and interactional) to investigate the extent to which the 'integrity' of ADR principles is maintained in practice, and to what extent there is an increasing level of influence from litigative processes and procedures. The primary evidence for such practices comes from textual and discourse-based studies, ethnographic observations, and narratives of experience on the part of experts in the field, as well as on the part of some of the major corporate stakeholders drawn from commercial sectors.
In Formalisation and Flexibilisation in Dispute Resolution, scholars from four continents examine both historical and recent developments that cast doubt on the validity of the widespread assumption that alternative dispute resolution (ADR) can be distinguished from state-based proceedings by invoking the contrasting labels of informal justice versus formal law.
Regarded as the citable treatise in the field, "Legal Medicine" explores and illustrates the legal implications of medical practice and the special legal issues arising from managed care. This updated edition features comprehensive discussions on a myriad of legal issues that health care professionals face every day. It includes 20 brand-new chapters that address the hottest topics in the field today and also serves as the syllabus for the Board Review Course of the American Board of Legal Medicine (ABLM).
Business & Economics by Myra Warren Isenhart,Michael L. Spangle
This book explains how approaches such as negotiation, mediation, facilitation, arbitration and judicial practices can be employed to manage a range of disputes from those at home, in the workplace, school or community to the international arena.
Medical by Diana J. Mason,Judith K. Leavitt,Mary W. Chaffee
Author: Diana J. Mason,Judith K. Leavitt,Mary W. Chaffee
Publisher: Elsevier Health Sciences
Featuring analysis of healthcare issues and first-person stories, Policy & Politics in Nursing and Health Care helps you develop skills in influencing policy in today's changing health care environment. Approximately 150 expert contributors present a wide range of topics in policies and politics, providing a more complete background than can be found in any other policy textbook on the market. Discussions include the latest updates on conflict management, health economics, lobbying, the use of media, and working with communities for change. With these insights and strategies, you'll be prepared to play a leadership role in the four spheres in which nurses are politically active: the workplace, government, professional organizations, and the community. Comprehensive coverage of healthcare policies and politics provides a broader understanding of nursing leadership and political activism, as well as complex business and financial issues. Expert authors make up a virtual Nursing Who's Who in healthcare policy, sharing information and personal perspectives gained in the crafting of healthcare policy. Taking Action essays include personal accounts of how nurses have participated in politics and what they have accomplished. Winner of several American Journal of Nursing "Book of the Year" awards! 18 new chapters ensure that you have knowledge of the most up-to-date information on policy and politics. The latest information and perspectives are provided by nursing leaders who influenced health care reform with the Patient Protection and Affordable Care Act of 2010.
Alternative Dispute Resolution in the Work Place is essential for anyone responsible for the management of legal risk in the work place. Whether you need information on the latest cases and alternative dispute resolution (ADR) programs or guidance on how ADR can affect your company's or clients' interests, you will want to have this book close at hand. It explains the pros and cons of relying on ADR, the complex legal and practical issues involved in creating an ADR program, the forms of ADR currently in use, the latest developments in the law, and the practical tips, tricks and traps employment professionals need to know about. Coverage includes: the intricacies of mediation, arbitration and other techniques; industry-specific ADR; how to decide whether ADR is the right approach for your organization or client; what employers can and can't do in an ADR program; and when a court may overturn the results of an ADR proceeding. This easy-to-use deskbook also includes useful suggestions and sample clauses to aid in the design of an ADR program, with examples of different approaches. Book ʄ looseleaf, one volume, 908 pages; published in 1998, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-081-4.
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with an exploration of drafting commercial arbitration clauses and provides advice on selecting the right arbitrator for any given commercial arbitration dispute. It supplies practitioners with guidelines for use in their arbitration practice and covers such topics as evidence and discovery, arbitral subpoena powers, procedural and interim orders. It also offers guidance on witness preparation, expert testimony, and cross-examination. There are chapters that specifically address the arbitration of large complex cases, healthcare disputes, and entertainment industry disputes. Arbitrators are provided with recommendations regarding professional conduct and responsibility. Arbitral awards and remedies are covered extensively and arbitrators are provided with practical approaches and information on drafting awards, punitive damages, the finality of awards and, post-decision debriefing. Lastly, this book discusses commercial arbitration as it relates to the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Author: Colin J. Holburn,Catherine Bond,Mark Solon,Suzanne Burn
Publisher: Cambridge University Press
This book is an authoritative practical guide to the legal principles and skills demanded of the expert witness in court, taking into account the key changes in procedures arising from the Woolf report. As such, it will be invaluable to both the novice and experienced practitioner alike, as well as for those specifically interested in setting up and running a medical expert witness practice. Key features:* Authors are the UK's leading specialists in this area* Written at a basic but authoritative level and therefore of interest to both the specialist and occasional expert witness* A rapidly expanding area of interest* Includes all of the changes introduced in the Woolf Report
Medical by Harriet R. Feldman, PhD, RN, FAAN,Martha J. Greenberg, PhD, RN,Marilyn Jaffe-Ruiz, EdD, RN,Margaret L. McClure, RN, EdD, FAAN,Angela Barron McBride, PhD, RN, FAAN,Thomas D. Smith, MS, RN, DNP,G. Rumay Alexander, EdD, RN
Author: Harriet R. Feldman, PhD, RN, FAAN,Martha J. Greenberg, PhD, RN,Marilyn Jaffe-Ruiz, EdD, RN,Margaret L. McClure, RN, EdD, FAAN,Angela Barron McBride, PhD, RN, FAAN,Thomas D. Smith, MS, RN, DNP,G. Rumay Alexander, EdD, RN
Publisher: Springer Publishing Company
A single comprehensive reference for nursing leaders, leadership organizations, nursing clinicians, and educators, Nursing Leadership is the only compendium of nursing terminology in existence. Written by eminent nursing professionals, it provides descriptions of prominent individuals in nursing, information regarding nine leadership-related topics, and current trends in nurse leadership. This second edition has been expanded to encompass 80 new entries and revisions or updates to all original entries. It provides an extensive overview of current leadership issues including theories, characteristics, and skills required of nurse leaders in today's complex health care system. Highly respected contributors include Claire Fagan, Beverly Malone (NLN CEO), Polly Bednash (AACN CEO), Patricia Benner, and many others. For ease of use this new edition contains both alphabetic and thematic indexes, extensive cross-referencing, and print and web references for each entry. The new edition features: Thematic list of entries in addition to alphabetic index An extensive overview on salient nursing leadership issues, themes, characteristics, and current and future developments A "legacies" section on nursing luminaries throughout history Over 80 new entries and updates and revisions of original entries Extensive cross-referencing and print and web resources for each entry
Whether protecting their own rights or those of their clients, or navigating the juvenile justice, immigration, or welfare systems, social workers confront legal issues every day. This book explores legal concepts, legal reasoning, and legal processes—illustrated with case vignettes from social work practice—in order to provide social work practitioners and students with practical and accessible legal knowledge. It introduces readers to scholarship about the law and to conceptual knowledge that can be applied to any interaction with the legal system. Social workers are thereby enabled to "think like a lawyer" and increase their effectiveness. The volume features a discussion of recent reform movements, including Alternative Dispute Resolution, and an appendix of sources for legal information and research on the law.
Negotiation, Mediation and Arbitration in Medical Disputes
Author: Dr Michael Schneider MD Ms-,Michael Schneider
Publisher: Michael Schneider, MD Ms-Adr
This manual succinctly distills academic principals of alternative dispute resolution and conflict engagement for the healthcare provider, teaching critical information needed by every medical technician, nurse, doctor and administrator. The manual is both a reference and action tool for skills development, providing guidelines, methods, techniques and simple reproducible outlines to master communication. The provider will succeed in managing daily disagreements between staff, partnership conflicts, struggles with high conflict personalities, medical business contract negotiations, and tort claims management. This information is necessary for all medical practitioners, from student through seasoned provider, regardless of their roles and responsibilities in the medical organization. The Healthcare Practitioners Guide to Conflict Engagement and Dispute Resolution improves the quality of deliverable medical outcomes, patient safety and communication after adverse events. Implementation of these skills by the reader rewards the practitioner's sense of harmony and professional fulfillment. In a healthcare system dynamically changing and embroiled in complex and protracted conflict, the professional who incorporates these guidelines will control difficult conversations as a leader, artfully influencing the behavior of their opponents in a dispute, accomplishing the mission and vision of the Provider. These leadership skills extend into every aspect of professional relationships for medical technicians, nurses, mid-levels, physicians, and healthcare administrators. Any practitioner involved in or concerned about disclosing an adverse event or outcome to a patient and family, a medical malpractice lawsuit, a medical or specialty board inquiry through a licensing agency, or a medical staff challenge of competency, must read this book. All providers named as a party to a mediation or arbitration should reference this text for insight and guidance during these legal proceedings. These actions have a significant impact on our clinical practices and our ability to practice medicine. This all-inclusive resource is the only book the medical practitioner will need to navigate difficult conversations and become empowered during negotiations of contracts, tort claim lawsuits, and business disputes that interrupt the providers ability to practice safe and compassionate medicine.
Medical by Paula DiMeo Grant, RN, BSN, MA, JD,Diana Ballard, JD, MBA, RN
Nurses are required not only to keep pace with a swiftly changing health care environment and make rapid decisions on critical issues, they must also be cognizant of the legal implications of these decisions. This Fast Factslegal reference provides the quick, reliable legal information that nurses need to protect themselves in practice, management, and education. The only resource of its kind, it has been authored by highly respected nurse attorneys and practitioners who present complex information in straightforward, accessible language organized into easily digestible segments. Key Topics: Malpractice/negligence issues Workplace, organization, and business law, Legal concerns in the classroom Disaster and public health emergencies Nurse Practice Acts and the disciplinary process Informed consent and patient rights Risk management and compliance Trials and alternatives in dispute resolution
Can your employer require you to travel to India for a hip replacement as a condition of insurance coverage? If injury results, can you sue the doctor, hospital or insurer for medical malpractice in the country where you live? Can a country prohibit its citizens from helping a relative travel to Switzerland for assisted suicide? What about travel for abortion? In Patients with Passports, I. Glenn Cohen tackles these important questions, and provides the first comprehensive legal and ethical analysis of medical tourism. Medical tourism is a growing multi-billion dollar industry involving millions of patients who travel abroad each year to get health care. Some seek legitimate services like hip replacements and travel to avoid queues, save money, or because their insurer has given them an incentive to do so. Others seek to circumvent prohibitions on accessing services at home and go abroad to receive abortions, assisted suicide, commercial surrogacy, or experimental stem cell treatments. In this book, author I. Glenn Cohen focuses on patients traveling for cardiac bypass and other legal services to places like India, Thailand, and Mexico, and analyzes issues of quality of care, disease transmission, liability, private and public health insurance, and the effects of this trade on foreign health care systems. He goes on to examine medical tourism for services illegal in the patient's home country, such as organ purchase, abortion, assisted suicide, fertility services, and experimental stem cell treatments. Here, Cohen examines issues such as extraterritorial criminalization, exploitation, immigration, and the protection of children. Through compelling narratives, expert data, and industry explanations Patients with Passports enables the reader to connect with the most prevalent legal and ethical issues facing medical tourism today.
Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.
Law by Kay Elkins Elliott,Frank W. Elliott,State Bar of Texas. Alternative Dispute Resolution Section