Early Intervention in Healthcare Disputes

Since we launched EADRSolutions (for which we hold a federal trademark) one year ago, offering tools, ideas and services to clients in the healthcare industry so they can spend energy and resources on their healthcare jobs and not unproductively on harmful conflicts, the message has been repeated, heard and shown to be valuable. Word is appearing in multiple settings that early intervention, using a variety of process and skills, will empower people to take control of the problems that plague them in trying to do their healthcare jobs as well as possible, and to iron out important differences of opinion.

Healthcare facilities are becoming more proactive in seeking out advice and assistance in this area. Some have been at it for quite some time even if quietly while others publish more about their experience and efforts. But however they go about it, just like being on a diet, healthcare providers just have to start sometime and to get real results must make the decision to grow the skills use and culture shift necessary over time to "improve habits and health." 

Developing conflict competent healthcare facilities does take time and commitment from leaders in the facility. Experience from the federal government when agencies were mandated to develop ADR capabilities is that it takes many years to become truly conflict competent. That should NOT discourage or deter those embarking on the effort. One good experience, one small success story will build on another.

Please take a look at the EADR menu option at the top of the toolbar to see if any material written there, including the lengthy article (4th drop down item) helps your own efforts.

February AHLA Mediation Training

I, Jane Conard, and Chris Stern Hyman taught the mediation training programs sponsored by the American Health Lawyers Association last week in Orlando. Both training programs, the Introduction to the Basics of Mediation and the Introduction to Interest Based MedMal Mediation, were very successful. The attendees were a very talented group of professionals from different backgrounds and we all learned from each other. The energy created was inspiring. The exercises and role plays were carefully keyed to specific healthcare situations which reinforced the message that applying mediation process and skills to the range of disputes that are out there makes great sense. If you have interest in this field, please stay tuned for announcements of additional healthcare ADR training.

Building The Future

Whether you are struggling to make significant changes in your life (professional or otherwise) or to introduce improvements into an organization, here is one plan to guide your thought process and efforts:

1. Make a list of what you believe you achieved last year and what you think you’d like to get done in the next year; name your values;  let the list sit “overnight,” and then take it back out to review with a fresh pair of eyes;
2. Give yourself credit for the achievements – even if you had disappointments or losses you  probably achieved more than you have allowed yourself credit for;
3. Confirm or tweak future goals; list some steps to meet them;
4. Reflect on core values that you’ll observe in taking those steps;
5. Consider  ideas and age-old wisdom that are a good source of advice even though we easily overlook or disregard less flashy suggestions;  
6. Check out some entries on this blog such as the early entry back in January of 2010 – “Pinning Hopes on a Bright Future” and “The ABCs” post of June 2010; see if anything there speaks to you or inspires;
7. Think about what gets in the way of achieving new goals, for example, deal with conflicts and negatives that are lingering – resolve them as positively as posssible to get them off the shelf or off the books;
8. Plan to prevent recurring disputes – are there predictable “traps’ to avoid and are there some best practices that could help you (and others with whom you interact) deal with stress and unproductive disagreement?; figure out how to extract value from genuine differences of opinion;
9. Cultivate continued learning  – it’s the gift that keeps on giving for individuals and organizations.  (I wouldn’t underestimate the value of self-education through reading, and other exposure to new information);
10. Look for and keep in mind possible resources that may be of assistance when you are encountering a roadblock;

If this plan sounds superficial, it is not. You might be pleasantly surprised to find that there is power in  simple thought exercises such as these suggested. Productivity calls for ongoing, consistent effort but support is needed from time to time to motivate and maintain that effort. We all need confidence and hope. Read this plan out loud if you must to get it off your screen and into a different part of your brain. Then try it. Refreshing goals, motivation, values, and knowledge can provide a much needed boost. Good luck!