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.

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!

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.

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.

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.   

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.