JAMS Solutions for Health Systems Dispute Resolution for Health Systems, Hospitals, Doctors’ Groups and Other Medical Organizations

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JAMS Solutions for Health Systems

In health systems, hospitals, doctors’ groups and other medical organizations, internal disputes are not just disruptive to business operations, they may affect patient care and professional careers. Our custom programs tailored specifically to healthcare, allow providers to avert many foreseeable disputes and more quickly resolve others.

Our leadership in dispute resolution in the health field is fueled by the quality, experience, and diversity of our panelists, program designers, training personnel and professional staff. Through more than four decades of innovation, we have customized ADR offerings for a wide range of healthcare entities, with emphasis on:

Employment Disputes within Medical Organizations

With large professional teams, medical organizations frequently face employment disputes, including those related to high-level employment contracts, clinical privileges, human resources issues, harassment and discrimination claims, promotions, scheduling, discipline, firings and other issues.

Our tailored programs equip institutions with the tools and resources to respond to and resolve disputes before they escalate into costly litigation or arbitration. This may be accomplished through:

  • Dispute resolution systems design – Creating mechanisms for efficiently addressing, resolving and preventing disputes and promoting confidence that complaints will be handled promptly and equitably
  • Training – Understanding the tools and options available to prevent and resolve conflict in the health system environment; how and when to use negotiation, facilitation, mediation, conciliation, arbitration and other processes
  • Early dispute resolution – Mediation and facilitation by a professional JAMS neutral for contentious matters

Peer Review

When physicians are denied clinical privileges, the stakes are high for all parties. The peer review hearing process must be administered fairly and objectively in accordance with all internal and external rules and standards.

These cases most often involve sensitive issues such as negligence, substance abuse and harassment.

JAMS has many panelists with deep healthcare legal knowledge who are experienced in presiding over peer review hearings in accordance with the Healthcare Quality Improvement Act (HQIA). They act as neutral hearing officers/peer reviewers, having no relationship to the hospital. This neutrality brings objectivity and transparency to the proceedings, building confidence in outcomes and avoiding the perception of conflicts of interest that may occur when resolution is sought through strictly internal means.

Contract and Compensation Issues

Health systems routinely add or acquire new professional groups and healthcare facilities. It is not unusual for disputes to arise under the contracts or other circumstances by which the new entity joined the health system. Compensation to professional groups, relative to the financial performance of the system, is a common issue at the heart of such matters.

Our panel includes retired judges, in-house counsel and transactional attorneys and other ADR professionals with extensive experience handling complex business and contractual disputes.

COVID vaccine mandate/hesitancy disputes with employees

Personnel refusals to become vaccinated can result in employee resignations and terminations, potentially diminishing staff and hence depriving patients of certain areas of care and treatment. In turn, network adequacy concerns can affect the system’s ability to satisfy contractual, insurance and regulatory obligations.

This emerging issue is one that health systems must confront and resolve quickly.  Facilitation, mediation and other early dispute resolution strategies from JAMS can help medical organizations manage these conflicts and avoid further fallout.

Control over care and treatment policies and practices

In some health systems, tensions can arise between Management Services Organizations (MSOs) and healthcare providers when MSOs exert undue control or influence over healthcare practices for sake of operations efficiency and cost savings, sometimes infringing upon decisions about patient care and treatment that should only be made by licensed medical professionals.

Early neutral intervention can reduce these tensions and help build a framework to resolve disputes before they escalate into damaged relationships.

Contact Us

If you seek to expand your organization’s dispute resolution capacity through creative, proactive means, please contact solutions@jamsadr.com.

Resources


Overview of JAMS Solutions

Arbitration and mediation are the most recognized tools of alternative dispute resolution, and for good reason. They represent powerful, proven, cost-effective methodologies that can be used to equitably solve a wide variety of conflicts. But traditional mediation and arbitration are not the only tools available through JAMS. 

Learn more about JAMS Solutions

 

Higher Education & Title IX

Colleges and universities need to manage, resolve and prevent conflict. As a worldwide leader in dispute resolution, JAMS is singularly qualified to provide a comprehensive range of unique and effective solutions for problems facing students, faculty and administration.

Learn more about JAMS Solutions for Higher Education 

 

Training and Systems Design

JAMS Solutions Training, Systems Design and Early Dispute Resolution takes a proactive approach to conflict, helping to avoid or address it before relationships become strained, reputations are tarnished, lawsuit are filed and/or personnel leave or become disenchanted and disengaged. Through training and implementation of appropriate systems, we empower leaders and team members to identify and resolve conflicts early, quickly and effectively.

Learn more about JAMS Solutions Training and Systems Design

 

Local Solutions. Global Reach. TM

JAMS successfully resolves business and legal disputes by providing efficient, cost-effective and impartial ways of overcoming barriers at any stage of conflict. JAMS offers customized, in-person, virtual and hybrid dispute resolution services through a combination of first class client service, the latest technology, top-notch facilities, and highly trained mediators and arbitrators. 

 


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Virtual ADR Resources