2012 Hospital Authority Convention. ABC of Mediation. Paul BS Lai Department of Surgery, PWH

Save this PDF as:
Size: px
Start display at page:

Download "2012 Hospital Authority Convention. ABC of Mediation. Paul BS Lai Department of Surgery, PWH"

Transcription

1 2012 Hospital Authority Convention ABC of Mediation Paul BS Lai Department of Surgery, PWH

2 Definition of mediation Mediation can be defined as the process by which the participants, together with the assistance of a neutral third person or persons, systematically isolate disputed issues in order to develop options, consider alternatives, and reach a consensual settlement that will accommodate their needs. ( Folberg and Taylor, 1984)

3 Adopted from YouTube - 調 解 精 讀 班 by Edwin Choi ( 星 期 日 檔 案 )

4 Conflicts vs. Disputes Conflicts refer to divergence of interests between individuals or groups, incompatible goals and opposing behaviors Disputes refer to serious disagreement between individuals or groups a conflict may not necessary lead to a dispute, but a dispute would always have some conflicting elements a dispute arises when a party which perceives an injurious experience notifies the party who he/she believes to be responsible and claims a remedy, and such claim is rejected by that party

5 Medical disputes Breach of trust and faith doctor-patient relationship builds on trust and feeling of confidence Strong emotion unleashes when such trust is breached when there are undesirable treatment outcomes, emotional responses would easily lead to mixing up between accidental harm and deliberate harm Harms are often irreversible

6 Medical negligence claims in the Court Medical cases could be highly complex High transactional costs Involvement of expert witnesses High compensation costs Individual defense on their reputation within the profession Might affect their license to practice

7 Essentials of mediation Voluntary and confidential Decisions are made by parties and the mediator only facilitates the process Non-judgmental, not exactly about right or wrong Mutual needs and interests are emphasized Focus on perception and communication (not evidence) and on present and future (not the past) Process is more flexible, depending on the needs of the parties Aims at achieving win-win situation

8 Mediation Litigation Who makes decisions? The parties The judge Who controls the process? Role of third parties Involvement of the parties Focus The mediator Independent, impartial facilitator Full participation in deciding on issues, creating, evaluating and agreeing options On needs of parties, not on fault finding The judge To act as advocates and discredit the opposition Lawyers as representative to participate on parties behalf On facts, establish fault and liability Duration of the process Usually expeditious Usually prolonged Types of outcomes Win-win solutions mutually accepted Win-lose result based on legal precedent and consideration of evidence

9 DOJ Practice Direction 31 Came into effect on 1 January 2010 The Court has the duty as part of active case management to further the objective of facilitating the settlement of disputes by encouraging the parties to use an alternative dispute resolution procedure (ADR) if the Court considers that appropriate. The Court also have the duty of helping the parties to settle their case. The parties and their legal representatives have the duty of assisting the Court.

10 Report of the Working Group on Mediation DOJ Feb 2010 Recommendation 9 1) Workplace and employment 2) Intellectual property 3) Banking and financial services 4) Medical malpractice and healthcare 5) Child protection 6) Environmental, urban planning, land use and redevelopment

11 Process of mediation Preliminaries Mediator s opening statement Parties presentations Mediator s summaries and identifying areas of agreement Agenda setting: identification of issues and the orders of them First joint session: negotiation and decision making Private session: Caucus Subsequent joint and private sessions Final decision and recording Closing statement and termination

12 Skill set for a mediator 1. Communication skills 2. Facilitation skills 3. Reframing skills 4. Empowerment techniques 5. Negotiation skills 6. Mediation strategy 7. Handling of deadlocks 8. Some understanding of law and legal proceedings

13 It s all about communication! Communication skills Both verbal and non-verbal Paraphrasing, perception checks, summarizing, questioning Facilitation skills Acceptance, reflection, reassurance, leading, active listening Reframing skills Reframing a conflict, reframing an issue and reframing of parties statements

14 What is reframing? Reframing is the skill of restating the underlying interests, needs and wants in positive terms to help acknowledge that the problem was heard and understood. Reframing serves to de-escalate the conflict, to establish common ground, to focus on the future, and to acknowledge feelings. Be careful not to trivialize the problem and be conscious about the words you choose and your body language.

15 Reframing of statements Accusation and hostility Focus on the patient Focus on the past Use neutral language Focus on the patient s problems Focus on present and future To turn negative perception into positive perception Reframing the context Changing the context means changing the meaning

16 The power of words 01:48 video from

17 Active Listening Lots of eye contact Treat speaking party as king Very focused

18 Active listening with empathy People always like to be listened Rapport can be established easily if people note that you are listening to their statement and feeling One can demonstrate their caring attitude by some non-verbal skills while listening Only through careful and attentive listening, the mediator will have a better grasp of the individual s real needs

19 Toolbox for mediator for medical negligence cases Positive attitude and positive thinking Planning before mediation process Get your skill set ready During the mediation process: gain mutual understanding active listening with empathy acknowledge emotion with empathy help create realistic win-win solutions

20 Hurdles we have for mediations for HA

21 (1) The claimants: some observations Claimant has fixed mind about the incident and uses the mediation session as an opportunity to insult Unrealistic requests not supported by own lawyer and medical expert Claimant did not attend the mediation session and appoint counsel to attend on their behalf For Legal Aid cases, claimants opt for long battle at the Court instead of quicker resolution through the mediator

22 (2) Hurdles for patients or relatives Fixed idea about the evil-ized healthcare workers try to make sure other patients would not be harmed again Refusal to pass the reality tests Compensation for irreversible harms are difficult to quantify

23 (3) Hurdles for doctors Refusal to admit that an individual has done something wrong being negligent vs. room for improvement Diffusion of responsibility in HA, patients are managed by teams difficult to pinpoint an individual in the whole care process Those being sued seek to rely on standard procedures to defend position or to clear their names

24 (4) Limitations within the HA Currently under HA, compensation is possible only if medical negligence is established Delays in meeting with patients or relatives may give an impression that HA is concealing information Doctors being complained against seek to rely on standard procedures to defend position or to clear their names

25 Why healthcare professionals in the HA need to learn mediation?

26 Complaints and Communication Complaints substantiated after peer review Misapplication of clinical skills Failure to investigate or treat Attitude and behaviour Breakdown in communication 77.9% Percentage of Cases (n = 215) Donaldson LJ, Cavanagh J. Clinical complaints and their handling: a time for change? Qual Health Care 1992;1:21-25

27 When something untoward happened. Skills of mediation would be very useful, particularly for the initial phase of handling complaints First touch effect is important! Frontline doctors cannot stand behind PRO colleagues and disappear from the scene

28 See through it.the needs behind Hi, Maslow s triangle still holds

29 Mediation training activities at HA

30 the only ones among you who will be truly happy will be those who have sought and found how to serve. ~ Dr. Albert Schweitzer ( )

Mediation Skills in Conflict Resolution

Mediation Skills in Conflict Resolution Mediation Skills in Conflict Resolution Presented by the Federal Mediation and Conciliation Service Considerations of Mediator Training Much is common sense Learn skills and approaches No prescribed or

More information

The purpose of this article, the third in a series on my website, is intended to help sort out Minnesota

The purpose of this article, the third in a series on my website, is intended to help sort out Minnesota Proceeding with a divorce action is no different than other major life decisions that start with contemplation information gathering and an understanding of the process involved. Family members friends

More information

A step-by-step guide to making a complaint about health and social care

A step-by-step guide to making a complaint about health and social care A step-by-step guide to making a complaint about health and social care www.healthwatchhampshire.co.uk Step by step Page 3 Are you concerned about something that is happening now? Do you need to make a

More information

Medical Malpractice Litigation. What to Expect as a Defendant

Medical Malpractice Litigation. What to Expect as a Defendant Medical Malpractice Litigation What to Expect as a Defendant Being named as a defendant in a malpractice suit may be your first exposure to civil litigation. You will probably wish it would just go away.

More information

Representing Yourself In Employment Arbitration: An Employee s Guide

Representing Yourself In Employment Arbitration: An Employee s Guide Representing Yourself In Employment Arbitration: An Employee s Guide What is the American Arbitration Association? The American Arbitration Association (AAA ) is a not-for-profit, private, public service

More information

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013.

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. TOYOTA ASSOCIATE DISPUTE RESOLUTION ( T-ADR ): Summary Description

More information

Alternative Dispute Resolution (ADR) Procedures

Alternative Dispute Resolution (ADR) Procedures Alternative Dispute Resolution (ADR) Procedures The background Traditional dispute resolution procedures Private Negotiation 1. A lost skill, negotiation is a process of the parties themselves or via skilled

More information

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective by Lawrence R. DeMarcay, III Presented to the Offshore Marine Services Association / Loyola College of Law Industry Seminar

More information

Pros and cons of common ADR processes

Pros and cons of common ADR processes Pros and cons of common ADR processes es/1692727_1 1 Pros and cons of common ADR processes We set out in this document a short discussion of the advantages and disadvantages of some of the most common

More information

Form 6A ALTERNATIVE DISPUTE RESOLUTION (ADR) FORM

Form 6A ALTERNATIVE DISPUTE RESOLUTION (ADR) FORM Form 6A ALTERNATIVE DISPUTE RESOLUTION (ADR) FORM The State Courts regard Alternative Dispute Resolution (ADR) as the first stop of a court process. ADR is crucial in the cost-effective and amicable resolution

More information

INSURANCE CLAIMS HANDLING & REPORTING PROTOCOL

INSURANCE CLAIMS HANDLING & REPORTING PROTOCOL INSURANCE CLAIMS HANDLING & REPORTING PROTOCOL PURPOSE: The purpose of the Protocol is to guide all affected parties, including Council, County staff, Board appointees and volunteers, in their responsibilities

More information

Policy and Procedure for Claims Management

Policy and Procedure for Claims Management Policy and Procedure for Claims Management RESPONSIBLE DIRECTOR: COMMUNICATIONS, PUBLIC ENGAGEMENT AND HUMAN RESOURCES EFFECTIVE FROM: 08/07/10 REVIEW DATE: 01/04/11 To be read in conjunction with: Complaints

More information

HOMESELLERS/HOMEBUYERS DISPUTE RESOLUTION MEDIATION PROGRAM

HOMESELLERS/HOMEBUYERS DISPUTE RESOLUTION MEDIATION PROGRAM HOMESELLERS/HOMEBUYERS DISPUTE RESOLUTION MEDIATION PROGRAM ---------------- A FAST, EASY, AND INEXPENSIVE ALTERNATIVE TO LITIGATION --------------- 5300 International Blvd.,Suite C-105 Charleston, SC

More information

INTRODUCTION 2 WORKPLACE HARASSMENT

INTRODUCTION 2 WORKPLACE HARASSMENT INTRODUCTION This brochure is intended to educate Treasury employees about the prevention of harassment in the workplace. Harassment is a matter of particular concern because it seriously damages the employee-employer

More information

AN ACT related to medical malpractice mediation. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

AN ACT related to medical malpractice mediation. Be it enacted by the General Assembly of the Commonwealth of Kentucky: AN ACT related to medical malpractice mediation. Be it enacted by the General Assembly of the Commonwealth of Kentucky: SECTION 1. KRS CHAPTER 417A IS ESTABLISHED AND A NEW SECTION THEREOF IS CREATED TO

More information

ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators

ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields

More information

CLAIMS HANDLING POLICY

CLAIMS HANDLING POLICY TIT CLAIMS HADLIG POLICY Approved by: Assurance & Performance Committee On: 28 May 2008 Review Date: May 2010 Directorate responsible for Review Corporate Affairs Policy umber: CS001 Signed by: Moosa Patel

More information

How to make a personal injury claim

How to make a personal injury claim A publication by Cute Injury How to make a personal injury claim A CLEAR AND CONCISE GUIDE TO THE PERSONAL INJURY CLAIMS PROCESS We provide professional and impartial advice from the outset and throughout

More information

Mediation Pack for the Health & Social Care Services

Mediation Pack for the Health & Social Care Services Mediation Pack for the Health & Social Care Services Contents 1. Mediation Policy Appendix 1: Mediation Assignment Letter Appendix 2: Response to a request for a mediator 2. Code of Ethics Appendix 1:

More information

Discrimination: What to do if it happens

Discrimination: What to do if it happens Discrimination: What to do if it happens Acas promoting employment relations and HR excellence August 2015 About Acas What we do Acas provides information, advice, training, conciliation and other services

More information

Conflict-Resolution-Jobs-Keywords

Conflict-Resolution-Jobs-Keywords Advocacy Advocate Alternative Dispute Resolution Coordinator Alternative Dispute Mediator Alternative Dispute Resolver Alternative Dispute Resolution Alternative Dispute Resolution Systems Analyst Arbitrator

More information

A guide to professional negligence claims for personal injury victims

A guide to professional negligence claims for personal injury victims A guide to professional negligence claims for personal injury victims If you have been let down by a solicitor or claims management company in a personal injury case and have lost out financially as a

More information

WHAT IS COLLABORATIVE FAMILY LAW?

WHAT IS COLLABORATIVE FAMILY LAW? WHAT IS COLLABORATIVE FAMILY LAW? The practice of family law using interest-based negotiation where lawyers are retained solely to help the parties achieve a mutually acceptable settlement. The lawyers

More information

CLAIMS MANAGEMENT POLICY

CLAIMS MANAGEMENT POLICY GWASANAETHAU AMBIWLANS CYMRU YMDDIRIEDOLAETH GIG WELSH AMBULANCE SERVICES NHS TRUST CLAIMS MANAGEMENT POLICY Clinical Negligence, Personal Injury, Losses and Compensation Claims Approved by Date Review

More information

Dispute Resolution. White Paper. This document on Dispute Resolution outlines the four main approaches to resolving contractual disputes.

Dispute Resolution. White Paper. This document on Dispute Resolution outlines the four main approaches to resolving contractual disputes. White Paper Dispute Resolution This document on Dispute Resolution outlines the four main approaches to resolving contractual disputes. CIPS members can record one CPD hour for reading a CIPS Knowledge

More information

The Medical Inquiry and Conciliation Panel Office of Administrative Hearings Department of Commerce and Consumer Affairs State of Hawai`i

The Medical Inquiry and Conciliation Panel Office of Administrative Hearings Department of Commerce and Consumer Affairs State of Hawai`i A Guide to the Medical Inquiry and Conciliation Panel The Medical Inquiry and Conciliation Panel Office of Administrative Hearings Department of Commerce and Consumer Affairs State of Hawai`i THIS GUIDE

More information

LEGAL ISSUES IN WOUND CARE

LEGAL ISSUES IN WOUND CARE LEGAL ISSUES IN WOUND CARE Contents Litigation.................................... 3 Standards of Care for Wound Care Practice.......... 3 Negligence................................... 4 Malpractice...................................

More information

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CIVIL MEDIATION PROGRAM GUIDELINES

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CIVIL MEDIATION PROGRAM GUIDELINES SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CIVIL MEDIATION PROGRAM GUIDELINES 1. Description. The Superior Court of California, County of Orange (Court), offers a voluntary civil mediation program for

More information

G R A H A M & G R A H A M, P. C. L a u r a B. G r a h a m, E s q. D i v o r c e M e d i a t i o n

G R A H A M & G R A H A M, P. C. L a u r a B. G r a h a m, E s q. D i v o r c e M e d i a t i o n G R A H A M & G R A H A M, P. C. L a u r a B. G r a h a m, E s q. D i v o r c e M e d i a t i o n Re: Mediation This letter accompanies materials describing the mediation process and how I, hired as a

More information

Raising Concerns or Complaints about NHS services

Raising Concerns or Complaints about NHS services Raising Concerns or Complaints about NHS services Raising concerns and complaints A step by step guide Raising concerns and complaints Questions to ask yourself: 1. What am I concerned or dissatisfied

More information

STATEMENT OF CHERYL NIRO. Incoming Member, Standing Committee on Medical Professional Liability Member, House of Delegates

STATEMENT OF CHERYL NIRO. Incoming Member, Standing Committee on Medical Professional Liability Member, House of Delegates STATEMENT OF CHERYL NIRO Incoming Member, Standing Committee on Medical Professional Liability Member, House of Delegates On Behalf of the AMERICAN BAR ASSOCIATION Before the Committee on Health, Education,

More information

Managing Conflict for Supervisors. Christina Michura Professional Development Coordinator Human Resources, Austin Community College

Managing Conflict for Supervisors. Christina Michura Professional Development Coordinator Human Resources, Austin Community College Managing Conflict for Supervisors Christina Michura Professional Development Coordinator Human Resources, Austin Community College Objectives Define conflict Assess the pros, cons and misconceptions Identify

More information

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500 www.personalinjury.ffw.com Freephone 0800 358 3848 www.personalinjury.ffw.com Freephone 0800 358 3848 Medical Negligence A client s guide head and shoulders above the rest in terms of skills, experience

More information

Under the Farm Debt Mediation Act 1994 "mediation" means mediation by a mediator who has been accredited by the NSW Rural Assistance Authority.

Under the Farm Debt Mediation Act 1994 mediation means mediation by a mediator who has been accredited by the NSW Rural Assistance Authority. WHAT IS MEDIATION? MEDIATION IS DEFINED AS "The process by which the participants, together with the assistance of a neutral person or persons, systematically isolate disputed issues in order to develop

More information

Athabasca University CRJS 489/LGST 489/HSRV 487. Alternative Dispute Resolution. Detailed Syllabus and Assessment Information

Athabasca University CRJS 489/LGST 489/HSRV 487. Alternative Dispute Resolution. Detailed Syllabus and Assessment Information Athabasca University CRJS 489/LGST 489/HSRV 487 Alternative Dispute Resolution Detailed Syllabus and Assessment Information Required Text: Macfarlane, J. (Ed.). (2003). Dispute resolution: Readings and

More information

A Just Alternative or Just an Alternative? Mediation and the Americans with Disabilities Act

A Just Alternative or Just an Alternative? Mediation and the Americans with Disabilities Act A Just Alternative or Just an Alternative? Mediation and the Americans with Disabilities Act by Paul Steven Miller Originally published in 62 OHIO ST. L.J. 11 (2001). I. Introduction Over the years, the

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

The What to Expect Series FINRA s Dispute Resolution Process 1

The What to Expect Series FINRA s Dispute Resolution Process 1 FINRA s Dispute Resolution Process 1 What to Expect: FINRA s Dispute Resolution Process It is rare for most firms to find themselves in a dispute with a customer, an employee, or another firm that escalates

More information

Alternative Dispute Resolution

Alternative Dispute Resolution Alternative Dispute Resolution Michael Cohen, Chairman Emeritus, The Academy of Experts, Past President, EuroExpert Before even starting to look at ADR (Alternative Dispute Resolution) it is important

More information

MAKING A PERSONAL INJURIES CLAIM*

MAKING A PERSONAL INJURIES CLAIM* MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial

More information

Information. Considering a clinical negligence claim. What gives rise to a clinical negligence claim? What about the issue of causation?

Information. Considering a clinical negligence claim. What gives rise to a clinical negligence claim? What about the issue of causation? Information You are asking advice from Thomson Snell & Passmore about a possible clinical negligence claim. Such claims are complex and it would greatly assist your understanding of the issues if you read

More information

COLLABORATIVE PRACTICE:

COLLABORATIVE PRACTICE: COLLABORATIVE PRACTICE Resolving Disputes Respectfully COLLABORATIVE PRACTICE: A Better Approach to Conflict Resolution Collaborative Law Institute of Illinois Collaborative Practice Introduction What

More information

B R e s t o R i n g C o n f i d e n C e

B R e s t o R i n g C o n f i d e n C e B u i l d i n g B C Options for Resolving Residential Construction Disputes R e s t o r i n g C o n f i d e n c e Canadian Cataloguing in Publication Data Main entry under title: Options for resolving

More information

Claims Management Policy

Claims Management Policy Claims Management Policy GOV 08 October 2007 GOV 08 Claims Management Policy 3.doc Page 1 of 12 Document Management Title of document Claims Management Policy Type of document Policy GOV 08 Description

More information

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500 www.ffw.com/personalinjury Freephone 0800 358 3848 www.ffw.com/personalinjury Freephone 0800 358 3848 Medical Negligence A guide for clients The team provides a first class service at all levels of experience.

More information

Grievance Policy. 1. Policy Statement

Grievance Policy. 1. Policy Statement Grievance Policy 1. Policy Statement The University is keen to provide a positive and supportive working environment for all of its employees, and as such will take every step to resolve issues in the

More information

MEDIATION PROCEDURES FOR RESOLVING BUSINESS-TO-BUSINESS DISPUTES

MEDIATION PROCEDURES FOR RESOLVING BUSINESS-TO-BUSINESS DISPUTES 6465 Wayzata Blvd., Suite 470 Minneapolis, MN 55426 Phone: 800-474-2371 Fax: 952-345-1160 www.adrforum.com MEDIATION PROCEDURES FOR RESOLVING BUSINESS-TO-BUSINESS DISPUTES July 11, 2014 1 FORUM Request

More information

Mediation Services, Throughout the UK Guide to Mediation

Mediation Services, Throughout the UK Guide to Mediation mediation Mediation Services, Throughout the UK Guide to Mediation let sstarthere Why Mediate? Pg 3 The Mediation Day Pg 4 Preparing for the Mediation Pg 5 Quality Assured Pg 6 Flexible Fee Policy Pg 7

More information

Parent Rights & Responsibilities in Nevada Early Intervention

Parent Rights & Responsibilities in Nevada Early Intervention P a g e 1 Parent Rights & Responsibilities in Nevada Early Intervention What are my rights and why are they important? Rights protect your family and child. All families enrolled in early intervention

More information

Dispute Resolution Bringing A Small Claim

Dispute Resolution Bringing A Small Claim Dispute Resolution Bringing A Small Claim Kirwans is one of the North West s most forward thinking law firms. As an allservicing firm, our success has been built upon delivering expert knowledge and expertise

More information

DISPUTE RESOLUTION TERMS

DISPUTE RESOLUTION TERMS National Alternative Dispute Resolution Advisory Council DISPUTE RESOLUTION TERMS The use of terms in (alternative) dispute resolution Sept. 03 Contents INTRODUCTION... 1 Why is consistency of terms needed?...

More information

What is Online Dispute Resolution? Why use Online Dispute Resolution? What are the different types of Online Dispute Resolution?

What is Online Dispute Resolution? Why use Online Dispute Resolution? What are the different types of Online Dispute Resolution? What is Online Dispute Resolution? A Guide for Consumers (brochure title) What is Online Dispute Resolution? Definition Online Dispute Resolution (ODR) uses alternative dispute resolution processes to

More information

PRSSO305A Manage conflict through negotiation

PRSSO305A Manage conflict through negotiation PRSSO305A Unit descriptor Employability skills Application of the unit Manage conflict through negotiation This unit of competency specifies the outcomes required to use effective communication techniques

More information

Making a complaint in the independent healthcare sector. A guide for patients

Making a complaint in the independent healthcare sector. A guide for patients Contents 1. Introduction pages 3 5 2. Local Resolution Stage One pages 6 8 3. Complaints Review Stage Two page 9 4. Independent External Adjudication Stage Three pages 10 11 2 The Patients Association

More information

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook Introductory note. These are the Model Directions for use in the first Case Management Conference in clinical

More information

IMPROVING SETTLEMENT SAVVY. Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com

IMPROVING SETTLEMENT SAVVY. Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com IMPROVING SETTLEMENT SAVVY Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com In these difficult economic times, parties may be looking to reduce litigation costs and risk

More information

Your Guide to Will Dispute Mediation

Your Guide to Will Dispute Mediation Your Guide to Will Dispute Mediation 1 Introduction People involved in a dispute about a will typically Worry about paying for (and potentially losing) a fight in a public court with a relative; Suffer

More information

Hong Kong Medical Law Brief

Hong Kong Medical Law Brief 9 July 2013 Hong Kong Medical Law Brief Welcome to the July edition of Kennedys' Hong Kong Medical Law Brief. Our team of dedicated lawyers had launched a series of informative seminars for medical practitioners

More information

UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED

UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED Senate Bill 714 (as enacted) PUBLIC ACT 159 of 2014 Sponsor: Senator Tonya Schuitmaker Senate Committee: Judiciary House Committee: Judiciary

More information

Family Law Dispute Resolution Options

Family Law Dispute Resolution Options Family Law Dispute Resolution Options If you are presented with a divorce or other family law matter which requires a resolution, there are a number of procedural models which may be used. The most commonly

More information

NHS Complaints Advocacy

NHS Complaints Advocacy NHS Complaints Advocacy Raising Concerns or Complaints About the NHS Advocacy in Surrey is provided by Surrey Disabled People s Partnership (SDPP) In partnership with SDPP is a registered Charity: 1156963

More information

POLICY NO. 3-80 LEGAL DEFENSE BENEFIT

POLICY NO. 3-80 LEGAL DEFENSE BENEFIT FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. POLICY NO. 3-80 LEGAL DEFENSE BENEFIT BACKGROUND: In order to provide legal defense benefits to the members of Florida P.B.A., the Board of Directors hereby

More information

The dental profession s peer review program is a process to resolve disputes between a

The dental profession s peer review program is a process to resolve disputes between a HOW THE DENTAL PEER REVIEW SYSTEM WORKS AND WHAT YOU EXPECT FROM IT Introduction The dental profession s peer review program is a process to resolve disputes between a patient and a dentist or a third

More information

GUIDE TO PATIENT COUNSELLING

GUIDE TO PATIENT COUNSELLING Guide To Patient Counselling page - 1 - GUIDE TO PATIENT COUNSELLING Communication is the transfer of information meaningful to those involved. It is the process in which messages are generated and sent

More information

UNIVERSITY HOSPITALS OF LEICESTER NHS TRUST

UNIVERSITY HOSPITALS OF LEICESTER NHS TRUST UNIVERSITY HOSPITALS OF LEICESTER NHS TRUST CLINICAL NEGLIGENCE, PERSONAL INJURY, AND PROPERTY CLAIMS HANDLING POLICY APPROVED BY: THE TRUST BOARD DATE: 6 TH JUNE 2002 REVIEW: ORIGINATOR: ANNUALLY MICHAEL

More information

CHAPTER NINE DISPUTES SETTLEMENT ARTICLE 187 Scope of the Chapter The provisions of this Chapter shall apply to the settlement of disputes concerning

CHAPTER NINE DISPUTES SETTLEMENT ARTICLE 187 Scope of the Chapter The provisions of this Chapter shall apply to the settlement of disputes concerning CHAPTER NINE DISPUTES SETTLEMENT ARTICLE 187 Scope of the Chapter The provisions of this Chapter shall apply to the settlement of disputes concerning the interpretation and application of the Treaty, including:

More information

General comments. Turning to the specific questions: 1. The NHS Redress Scheme

General comments. Turning to the specific questions: 1. The NHS Redress Scheme Making Amends the CMO s proposals for reforming the approach to clinical negligence in the NHS. Response to the consultation document by The Royal College of Surgeons of England OCTOBER 2003 Response of

More information

Settlement. conference; Tips for Judges

Settlement. conference; Tips for Judges Settlement Conference Tips for Judges (with a Form and a List of Things Lawyers Should NOT Do) Hon. Morton Denlow Most cases eventually settle. The guidance offered by the judge at the settlement conference

More information

osb.ic.gc.ca All about Bankruptcy Mediation

osb.ic.gc.ca All about Bankruptcy Mediation osb.ic.gc.ca All about Bankruptcy Mediation All about Bankruptcy Mediation This brochure provides basic information on the mediation process. It does not provide detailed legal advice. For additional information

More information

Conflict Analysis, Management and Resolution

Conflict Analysis, Management and Resolution Conflict Analysis, Management and Resolution Prof. Dr. Jan Leentvaar UNW-DPC UNESCO-IHE Objectives To understand what is a water conflict and what is its nature To introduce methods of conflict analysis

More information

Foundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System

Foundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System Foundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System Unit Overview How does the civil justice system hold people and corporations accountable for their actions? How does civil law

More information

REPORT OF THE ACTIVITIES OF THE DISCRIMINATION AND HARASSMENT COUNSEL FOR THE LAW SOCIETY OF UPPER CANADA

REPORT OF THE ACTIVITIES OF THE DISCRIMINATION AND HARASSMENT COUNSEL FOR THE LAW SOCIETY OF UPPER CANADA TAB 7.1.1 REPORT OF THE ACTIVITIES OF THE DISCRIMINATION AND HARASSMENT COUNSEL FOR THE LAW SOCIETY OF UPPER CANADA For the period from January 1, 2015 to June 30, 2015 Prepared By Cynthia Petersen Discrimination

More information

Shared Solutions: An Overview Special Education Policy and Programs Branch Ministry of Education

Shared Solutions: An Overview Special Education Policy and Programs Branch Ministry of Education Shared Solutions: An Overview Special Education Policy and Programs Branch Ministry of Education Table of Contents 1. Shared Solutions: Overview 2. Understanding Conflict 3. Preventing Conflicts 4. Video:

More information

Pit Bulls: Selection, Care and Feeding or How to Choose and Make Effective Use of a Divorce Lawyer. By: Donald K. Butler.

Pit Bulls: Selection, Care and Feeding or How to Choose and Make Effective Use of a Divorce Lawyer. By: Donald K. Butler. Pit Bulls: Selection, Care and Feeding or How to Choose and Make Effective Use of a Divorce Lawyer By: Donald K. Butler Selection Before my colleagues take me to task for perpetuating a negative stereotype,

More information

Employer s Guide to. Best Practice Return to Work for a Stress Injury

Employer s Guide to. Best Practice Return to Work for a Stress Injury Employer s Guide to Best Practice Return to Work for a Stress Injury Employers Guide to Best Practice Return to Work for a Stress Injury 1. Early Intervention 2. Claim Lodged 3. Claim Acceptance 4. Return

More information

A Victim s Guide to Understanding the Criminal Justice System

A Victim s Guide to Understanding the Criminal Justice System A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:

More information

Mediation, Judicial Settlement Conferences and Negotiation Skills

Mediation, Judicial Settlement Conferences and Negotiation Skills Mediation, Judicial Settlement Conferences and Negotiation Skills Ken Weber Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 211 Commerce Street, Suite 800 Nashville, Tennessee 37201 (615) 726-7369

More information

Managing Conflict How to Manage Interpersonal Conflict at Work. Overview. Leading Effectively Webinar Series

Managing Conflict How to Manage Interpersonal Conflict at Work. Overview. Leading Effectively Webinar Series Leading Effectively Webinar Series Managing Conflict ow to Manage Interpersonal Conflict at Work Talula Cartwright Center for Creative Leadership Davida Sharpe Center for Creative Leadership Overview The

More information

Claims Management Policy

Claims Management Policy Claims Management Policy April 2015 Author: Responsibility: Janet Young, Governance & Risk Manager All Staff should adhere to this policy Effective Date: April 2015 Review Date: April 2017 Reviewing/Endorsing

More information

WHAT HAPPENS IN A PERSONAL INJURY CASE

WHAT HAPPENS IN A PERSONAL INJURY CASE WHAT HAPPENS IN A PERSONAL INJURY CASE From Negotiating With Insurance Companies To Trial By Michael A. Schafer, Attorney at Law 440 South Seventh Street, Ste. 200 Louisville, Kentucky 40203 (502) 584-9511

More information

Effective complaint handling

Effective complaint handling This guide sets out key information for state sector agencies about developing and operating an effective complaints process. It also provides information about the Ombudsman s role, as an independent,

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

Accident Investigation

Accident Investigation Accident Investigation Contents 1.1 Why Investigate?...1 1.2 Selecting the Level of Investigation and Investigators...1 1.3 Documentation...2 1.4 Key Steps in the Investigation Process...2 1.4.1 Collection

More information

This innovative Scheme has been developed to resolve small claims disputes within the maritime industry.

This innovative Scheme has been developed to resolve small claims disputes within the maritime industry. THE RULES OF THE SMALL CLAIMS ARBITRATION SCHEME OF THE MARITIME ARBITRATORS ASSOCIATION of NIGERIA 2006 1ST EDITION (To apply to applications received on or after 1st May 2006) This innovative Scheme

More information

A brief guide to professional negligence claims

A brief guide to professional negligence claims A brief guide to professional negligence claims Contents Introduction Do I have a claim? Important considerations Pre-action protocol procedure Court proceedings Contact information Introduction Claims

More information

BRINGING AN EVALUATIVE COMPONENT TO YOUR AGENCY S DISPUTE RESOLUTION EFFORTS

BRINGING AN EVALUATIVE COMPONENT TO YOUR AGENCY S DISPUTE RESOLUTION EFFORTS BRINGING AN EVALUATIVE COMPONENT TO YOUR AGENCY S DISPUTE RESOLUTION EFFORTS EEOC EXCEL CONFERENCE 2014 SAN DIEGO, CA Julie Procopiow Todd Administrative Judge/EASE Coordinator EEOC Philadelphia District

More information

Your guide to. Dispute Resolution

Your guide to. Dispute Resolution Your guide to Dispute Resolution Your guide to Dispute Resolution ISBN 978-1-922032-16-4 Commonwealth of Australia 2012 All material presented in this publication is provided under a Creative Commons

More information

SECURING AND ENHANCING INSURANCE COMPANY INVOLVEMENT IN THE MEDIATION OF CONSTRUCTION CLAIMS. Lawrence M. Watson, Jr.

SECURING AND ENHANCING INSURANCE COMPANY INVOLVEMENT IN THE MEDIATION OF CONSTRUCTION CLAIMS. Lawrence M. Watson, Jr. SECURING AND ENHANCING INSURANCE COMPANY INVOLVEMENT IN THE MEDIATION OF CONSTRUCTION CLAIMS Lawrence M. Watson, Jr. INTRODUCTION Without question, active and engaged involvement by relevant insurance

More information

Transport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010)

Transport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010) Transport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010) 1. INTRODUCTION 1.1 Consistent with its mission and vision statement, Client Service Charter and public commitment

More information

WHAT YOU NEED TO KNOW ABOUT. EEO Publication 133 October 2012

WHAT YOU NEED TO KNOW ABOUT. EEO Publication 133 October 2012 WHAT YOU NEED TO KNOW ABOUT EEO Publication 133 October 2012 WHAT YOU NEED TO KNOW ABOUT EEO Publication 133 October 2012 Contents Introduction 3 EEO Laws 4 Administrative Process for Complaints of Illegal

More information

Levy & McRae CLAIMS IN SCOTLAND

Levy & McRae CLAIMS IN SCOTLAND Levy & McRae CLAIMS IN SCOTLAND Contents 3 Introduction 4 Voluntary Pre-action Protocol 6 Raising a Court Action 7 Sheriff Court 9 Court of Session 10 Time Bar 11 Hearings 12 Expenses 2 Introduction Credible,

More information

Finding and choosing a mediator

Finding and choosing a mediator Finding and choosing a mediator Thinking about mediation? This leaflet is for you if you ve heard about mediation and you re interested in trying it to resolve a dispute you are involved in. Or perhaps

More information

Avant welcomes the opportunity to provide input into the Productivity Commission s draft report on Access to Justice Arrangements.

Avant welcomes the opportunity to provide input into the Productivity Commission s draft report on Access to Justice Arrangements. 21 May 2014 Access to Justice Productivity Commission GPO Box 1428 Canberra City ACT 2601 Access to Justice Arrangements Draft Report Avant welcomes the opportunity to provide input into the Productivity

More information

Del O'Roark, Loss Prevention Consultant, Lawyers Mutual Insurance Co. of Ky.

Del O'Roark, Loss Prevention Consultant, Lawyers Mutual Insurance Co. of Ky. So You've Been Accused of Legal Malpractice? Well, Don't Just Do Something - Sit There! Del O'Roark, Loss Prevention Consultant, Lawyers Mutual Insurance Co. of Ky. KBA Bench & Bar, Vol. 58 No. 1, Winter

More information

If you are currently involved in a marital dispute, you may be going through a very painful experience.

If you are currently involved in a marital dispute, you may be going through a very painful experience. What to do in a marital dispute? Marriage counselling Separation and divorce Family mediation Negotiation Collaborative Family Law Litigation What to do in a marital dispute? If you are currently involved

More information

A Guide to COMMERCIAL Mediation and Arbitration for Business People 1

A Guide to COMMERCIAL Mediation and Arbitration for Business People 1 A Guide to Commercial Mediation and Arbitration for Business People Available online at adr.org Amended and Effective October 1, 2013 A Guide to COMMERCIAL Mediation and Arbitration for Business People

More information

Neil Goodrum. He got to the nub of the issues very quickly and painlessly. Overview

Neil Goodrum. He got to the nub of the issues very quickly and painlessly. Overview CEDR Accreditation: CEDR Panel Member: CEDR Chambers: 1997 1999 2012 Languages: Location: Email: English United Kingdom ngoodrum@cedrchambers.com Neil Goodrum He got to the nub of the issues very quickly

More information

Describe the Different Methods of Alternative Dispute Resolution Available to do with Civil Courts.

Describe the Different Methods of Alternative Dispute Resolution Available to do with Civil Courts. 1 Describe the Different Methods of Alternative Dispute Resolution Available to do with Civil Courts. In Lord Woolf s Report Access to Justice (1996) one of the key recommendations was to encourage the

More information

ENHANCING YOUR MEDIATION & NEGOTIATION SKILLS

ENHANCING YOUR MEDIATION & NEGOTIATION SKILLS ENHANCING YOUR MEDIATION & NEGOTIATION SKILLS There never was a good war or a bad peace Benjamin Franklyn Letter, 1773 Facilitated by: Conflict and its Management Conflict involves struggles between two

More information

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SUE OR NOT TO SUE? HOW TO FILE A SMALL CLAIMS CASE WHERE TO FILE FILING FEE NOTICE TO THE DEFENDANT COUNTERCLAIMS PREPARING FOR TRIAL

More information