Welcome to Franklin Solutions

February AHLA Mediation Training

2012-02-16T15:47:23Z

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

2012-01-03T19:22:51Z

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:

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;
Give yourself credit for the achievements – even if you had disappointments or losses you probably achieved more than you have allowed yourself credit for;
Confirm or tweak future goals; list some steps to meet them;
Reflect on core values that you’ll observe in taking those steps;
Consider ideas and age-old wisdom that are a good source of advice even though we easily overlook or disregard less flashy suggestions;
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;
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;
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;
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);
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!

Heading Into A New Year

2011-12-22T14:03:52Z

The fall of 2011 seemed hectic and at times fractitious. It is as though the strains of the economy and other unresolved problems were definitely making themselves felt both in healthcare and other workplaces. In my experience, mediation, and facilitation again assisted battle weary groups in very helpful ways. So here is my New Years message to you: Mediators, continue to believe that what we do is of real value and worthy of our concerted efforts; to those suffering throuh conflicts or facing difficult changes, take heart and please don't shortchange yourselves or your organization. Find out how a mediator/facilitator can contribute to improving your situation. Best wishes that you and our world will enjoy a hopeful, productive, and peaceful New Year in 2012!

Great News: Healthcare Mediation Training

2011-12-22T13:51:46Z

Check your calendars for February 6 and 7, 2012. The American Health Lawyers Association is offering a two part course in mediation on those dates in Orlando, Florida! Space is limited and prompt registration is a very good idea. Part I, taught by Jane Conard and myself, will be an Introduction to the Basics of Mediation training for would-be mediators. Part II will be an Introduction to Interest Based Medical Malpractice Mediation, taught by Chris Stern Hyman of New York City, an experienced medmal mediator. Mediators with experience and healthcare providers are especially encouraged to attend the Part II training. A discount will be offered for those who sign up for both courses. These courses are offered in conjunction with the AHLA Physicians and Hospital and Health System Annual CLEs that begin on February 8 in the same location. Email cbrice at healthlawyers.org for information (or contact this office.)

AHLA Annual Meeting

2011-07-08T14:25:57Z

Boston: June 26-29, 2011

From health policy to the minutiae of ACOs, antitrust, tax, and social media, the American Health Lawyers Association Annual meeting was replete with must-have information for the healthcare lawyers and consultants of the future. I was fortunate and delighted to be part of it.

One theme throughout many presentations began with the letter "C." Health system Changes are happening regardless of lawsuits. Collaborations of different kinds will be essential to achieve change that works well; and the collaborations won't happen simply by virtue of laws and regulations. Rather, Conflict management, healthy communications and use of mediative skills will be esential to facililtate such collaborations. The work has just begun!

Our (Jane Conard and my) presentation during the meeting on using mediative skills to achieve collaboration, to build and practice a conflict competent culture, was a part of that track. We urge adding healthcare lawyer-leaders to the ranks of physician-leaders and other professionals to assist the efforts.

Please contact me if you want to see some of our presentation materials or discuss the subject.

ADR CLE and Training

2011-05-18T12:27:38Z

Program: Essential Mediative Skills Post Healthcare Reform: A Modified Mediation Model

When and Where: June 29, 2011 at the American Health Lawyers Association Annual Meeting in Boston

Franklin and Conard will expand upon ideas introduced in their EADRSolutions article posted above on this webiste. The AHLA Annual Meeting will contain latest information and advice on what the brave new world of healthcare will be pursuant to PPACA, and how to make it happen. This program, addressing one piece of the puzzle, is a practical "how to" make the changes to the system come about and work well for all concerned.

To register: Contact www.healthlawyers.org and look for Annual Meeting information.

Other: AHLA will schedule another healthcare mediation training for February 2012. Please check in for exact date and location.

And On a Separate Note:

A must-not-miss 2 hour ethics program for lawyers and mediators in Virginia has been set. Noted speakers on legal ethics and on ADR, Tom Spahn and John McCammon will share the podium on two separate occasions to present: "Spahn and McCammon: Together Again - The Ethics of Negotiating in Mediation." Mark your calendars for the Richmond program on September 14, 2011 at 3 PM and for the Northern Virginia program on September 21 at 3 PM. Sponsored by the Virginia Joint ADR Committee, information about this program may be obtained by contacting the Virginia Bar Association at www.vba.org.

New Article on Handling Disputes in Healthcare

2011-05-06T20:42:53Z

This article, just posted under the EADR Header above, represents further evolution in the authors' thought, as well as a more in-depth view of issues and ideas concerning the use of mediation skills in healthcare appropriately, at the right time, and for common purposes. Those purposes, in the authors' opinion, should certainly include serving the delivery of quality healthcare services, facilitating transitions that will result from implementing health reforms, and preserving valuable resources.

Launching EADR in Health Care

2011-05-05T11:56:01Z

Jeanne Franklin and Jane Reister Conard have received a trademark for EADRSolutions - ideas, tools, and services for early and appropriate use to manage conflict and resolve disputes in healthcare. Services range from specific neutral services - mediation and facilitation - to consultation with healthcare providers, managers and health attorneys, assessment, training, and process planning. Tools include consulting and assessment models developed in response to typical healthcare dispute scenarios.

With the changes expected in healthcare roles and responsibilities, delivery models, and business arrangements as a result of healthcare reform (PPACA), the need to facilitate handling disputes, conflicts and differences of opinion ("DCDs") will likely intensify. EADRSolutions can assist members of the health care team, (including providers, admininstrators and lawyers), as they work to safeguard and enhance the quality of care, preserve invaluable human resources and expand access to care, and create more cost effective delivery.

Please see the new EADRSolutions Option at the top of the Home Page for more substantive information.

Jane Reister Conard, of Jane Reister Conard, LLC, is a veteran hospital attorney who served with InterMountain Health System in Utah for 26 years. Also a past Board member of the American Health Lawyers Association and chairman of its ADR Task Force, she now focuses on conflict management for healthcare facilities.

Healthcare Mediation Training

2011-03-06T17:58:42Z

The one day Advanced Healthcare Mediation Training that Jane Conard and Jeanne Franklin presented in February for the American Health Lawyers Association was extremely successful. The class consisted of members of different healthcare sectors (health lawyers, physicians, nurse-attorneys, ethicists and professors) who contributed to the liveliness and relevance of the discussions. We focused on practicing specific skills in a range of common healthcare disputes. Stay tuned for future training opportunities, and for further developments in the AHLA ADR Service regarding mediation services.

Jeanne Franklin will make a presentation on healthcare dispute resolution at the Virginia Mediation Network Spring Conference (March 19-20) in Richmond, Virginia. As in the AHLA training, she will bring up specific conflict scenarios for analysis by audience members. If you are interested in attending, contact www.vamediation.org for information and online registration.

ADR and Healthcare ADR in the New Year

2010-12-23T18:10:23Z

Jeanne Franklin will teach an Advanced Mediation day- long training program for healthcare mediators and players, “Beyond Process to Skills,” with Jane Conard on Saturday, February 12, 2011 in Las Vegas. It will follow the American Health Lawyers Association’s two back- to- back programs, Physicians and Physician Organizations, and Hospitals and Health Systems. This is planned as a lively discussion about applying skills to health care dispute scenarios that will only multiple in coming years. Space is quite limited so sign up promptly by contacting www.healthlawyers.org/Events/Programs/2011/Pages/advancedmediation11.aspx.

A communications skills program for lawyers in negotiation and litigation will take place on January 21 at 11 AM in Williamsburg, Virginia during the course of the Virginia Bar Association Annual meeting. The program is entitled,” Can We Have a Conversation? Improved Communication Skills in Negotiation and Litigation,” and will be taught by Frank Morrisson, John Settle and Marshall Yoder. Go to www.vba.org for annual meeting and registration information.

Jeanne Franklin will present in March 2011 at the Virginia Mediation Network’s Annual Spring conference in Richmond on, “Conflict Management in Healthcare Facilities and Beyond,” (March 20 at 1:30 PM.) For sign up information, contact karen.asaro@gmail.com

“Sensible Intervention to Manage Disruptive Behavior in Health Care Facilities and Avoid Fatal Distractions,” by Jeanne Franklin was finally published in November 2010 in the Virginia Bar Association Health Law News. Contact ww.vba.org or the author to obtain a copy. The article argues for a kind of triage and facilitated approach to alleged incidents prior to or rather than automatically invoking rights-based and punitive procedures. Addressed to the health bar of Virginia, the ideas are transferrable and may stimulate developments elsewhere.

Excellent articles continue to appear, relevant to the evolving field of healthcare mediation. One very recent one by Chris Stern Hyman et al. is a study of medical malpractice mediation and the effect on outcomes of including or not including the parties themselves in the process. Find it in the Journal of Health, Politics, Policy and Law.

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Regardless of outcomes of the probable appeal to the United States Supreme Court of federal court decisions upholding/ declaring unconstitutional the federal health reform law (PPACA), 2011 and beyond will see alterations to healthcare service delivery, and with them internal and external conflicts relating to the changes. 2011 will be an important and interesting year in which ADR may be recognized for its role in serving the interests of making good quality changes.