Alexander S. Polsky, FCIArb

T: 714-939-1300
F: 714-939-8710
Health Care

Mr. Polsky is considered a pioneer in the field of alternative dispute resolution. An AV-rated trial lawyer who began practicing in 1977, Mr. Polsky left litigation in 1991 and refocused his practice solely on ADR at a time when few attorney specialists were working in the field. Mr. Polsky’s practice spans disciplines and countries, as he conducts mediations, arbitrations, reference trials and training programs worldwide. He has presided over the resolution of more than 10,000 disputes and is well known for his ability to calm highly emotional parties and to simplify complex disputes. Mr. Polsky has mediated and arbitrated state and federal matters throughout the U.S. at both the trial court and appellate levels. He has also helped resolve international disputes through ICC, JAMS International, AAA and the Hong Kong International Arbitration Centre (HKIAC).

Mr. Polsky has received nearly every independent award for excellence in the field of ADR. He has been recognized year after year as a top arbitrator and mediator by the Los Angeles Daily Journal, Super Lawyers and ALM Best Lawyers. Martindale Hubbell has given him an AV rating and he is among Lawdragon’s top 1,000 Lawyers in America. Mr. Polsky teaches negotiation and mediation at USC’s Gould School of Law. He also provides negotiation training to law firms, bar associations and corporations worldwide.

Mr. Polsky has a deep understanding of securities-related issues, as well as insurance coverage issues as they apply to complex class action matters.

Mr. Polsky is in an ideal position to serve as a mediator in complex health care matters because of his knowledge of and experience in the health care and insurance industries.

Mr. Polsky has acquired extensive experience in the resolution of disputes arising out of the provision of health care. These matters range from billing and management challenges to wrongful death and injury claims. Mr. Polsky is particularly known in Nothern California for his expertise in resolving medical malpractice, elder and bodily injury claims.

Mr. Polsky has demonstrated that preparation, persistence, sensitive human interaction with claimants and candor can help parties find realistic resolutions to their disputes.

Health Care Areas of Experience

  • Elder abuse claims
  • Emergency room practices and standards
  • Employment disputes in health care
  • Harassment and discrimination claims arising out of health care – patient claims and employee claims.
  • Insurer/insured and insurer/provider disputes
  • Medical practice partnership and management disputes
  • Medical/surgical malpractice and wrongful death claims
  • Medicare lien practice
  • Physician/practice and hospital relations 

Representative Matters

  • Health Care Employment Disputes
    • Mediated numerous wage and hour cases, including alleged mis-classification, lunch and break claims
    • Mediated disputes involving whistleblower claims by employees arising out of alleged improper/illegal activities related to billing and reporting practices.
    • Mediated employment claims arising out of failure to accommodate, retaliation and discrimination in health care settings
  • Medical Malpractice and Negligence Claims
    • Successfully mediated hundreds of medical negligence claims, including those with the most severe of injuries:
      • Undiagnosed spinal abscess resulting in paralysis
      • Untreated fungal infections resulting in post-surgical toxic shock with multiple amputations
      • "Elder abuse"/medical negligence claims with decubitus injuries
      • Birthing injuries and wrongful death
      • Elder abuse claim brought by elder abuse plaintiff attorney in connection with the wrongful death of his father in a situation where an elder care facility employee was prosecuted for murder.
  • Medical Practice Partnership and Management Disputes
    • Mediated cases involving dissolution of professional partnership; allegations of breach of fiduciary duties and fraud between partners
    • Mediated a compensation and valuation dispute between partners and investors of dialysis-therapy practices; buy-out terms and financing
    • Mediated a compensation and valuation dispute between partners and investors of MRI and radiological practices, as well as the manufacturer of the MRI and CT devices.
    • Mediated health care practice member executive incentive and bonus compensation disputes
    • Mediated multiple practice disputes between and among members, management and staff
  • Payment, Reimbursement and Coverage Disputes
    • Mediator of bad-faith claims arising out of insurance application content
    • Mediated multiple disputes between malpractice insurers, Medicare-managed care providers and claimants concerning rights and values for past and future care
    • Mediated multiple claims involving valuation of liens in litigated matters.
  • Physician-Hospital Relations
    • Successfully mediated cases involving “Stark” and anti-kickback issues in the fulfillment of teaching obligations of the physician for a facility where office space and other benefits are provided
    • Mediated a case involving a physician’s romantic relationship with surgical staff, with claims of harassment, intimidation and workplace bias in hours and responsibilities assigned

Honors, Memberships, and Professional Activities

  • Recognized as a Best Lawyer, Alternative Dispute Resolution category, Best Lawyers in America, 2008-2018
  • Recognized as a SuperLawyer, Alternative Dispute Resolution category, SuperLawyers, 2006-2016
  • Recognized as a Top Master, Daily Journal
  • Recognized with AV Preeminent Status as a Top Rated Lawyer in Alternative Dispute Resolution, Martindale-Hubbell
  • Recognized as a Top California Neutral, Daily Journal, 2006-2010, 2012
  • Speaker, "What Real Estate Attorneys Can Learn From Mediators—And Vice Versa," Tokyo Annual Conference of the International Bar Association, 2014
  • Panelist, U.S. District Court for the Central District of California Mediation Panel
  • Successfully completed "Accelerated Route to Fellowship International Arbitration Program with Award Writing Examination, Chartered Institute of Arbitrators, North American Branch, 2014
  • Fellow, International Academy of Mediators
  • Adjunct Professor of Law, University of Southern California School of Law and Straus Institute for Dispute Resolution at Pepperdine University School of Law
  • Lecturer (partial list): California Bar Association, American Bar Association, Association of Southern and Northern California Defense Counsel; Consumer Attorneys of California, Los Angeles and Orange County; Los Angeles, Orange County and San Francisco Bar Associations; Pepperdine University Law School; Building Industry Association
  • Past Director: Orange County Bar Association, Orange County Trial Lawyer's Association, Southern California Adjuster's Association
  • Past Chairperson, Orange County Bar Association Committee on ADR
  • Delegate, State Bar of California, Conference of Delegates
  • National Institute of Forensic Studies, Professional Advisory Board
  • Publications on ADR and Attorney Fee Disputes for State and Local Bar Associations, firms, trade associations, and newspapers. Author: "A System for Cost Effective Management of Construction Defect and Complex Litigation." Author: "ADR, Why Does it Work?" Author: "Use of the Special Master in Complex Litigation." Author: "Use of Risk Based Facilitative Dispute Resolution."
  • Mr. Polsky is a sought after negotiation skills trainer and has lectured throughout the United States. He is an adjunct Professor of Law at the University of Southern California, where he teaches a course he designed on ADR and negotiation, and at the Straus Institute for Dispute Resolution at Pepperdine University School of Law, where he teaches courses in the LLM program. He is available to provide training in negotiation and mediation skill development to corporations and professional organizations.
  • Pro bono activities include Dispute Resolution Services (DRS) Board of Directors; Los Angeles/Long Beach Legal Aid Grand Cru Board of Directors; Public Law Center of Orange County Board of Directors; Los Angeles County Bar Association volunteer mediation program volunteer

    Comprehensive Overview

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    Disclaimer

    This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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