With the increasing complexity of health care disputes—ranging from provider-patient disagreements to intricate contractual disputes between institutions—innovative approaches within Alternative Dispute Resolution (ADR) are becoming more necessary. While traditional mediation and arbitration continue to be the leading mechanisms for resolving health care disputes outside of the court system, there are tools that can be used to make those processes more efficient and cost effective.
An example of an innovative approach is developing a multi-step mediation to address different aspects of the dispute. Attorneys can work with the mediator at the onset of the case to design a customized process tailored to their dispute that makes the most efficient use of everyone’s time, which can include a combination of virtual and in-person meetings, phone calls, and exchange of written material. Within the arbitration context, parties can agree to limited discovery or depositions or even other creative arrangements that help the arbitrators, like concurrent expert evidence. Technological tools like AI-powered transcription services may also help streamline the arbitration process.