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Arbitrating Healthcare Billing Disputes: Best Practices For Patient-Provider And Provider-Payer Dispute Resolution
With administrative costs accounting for as much as 40 percent of all healthcare dollars spent, healthcare stakeholders, politicians and state regulators are all seeking innovative ways to eliminate bureaucracy and red tape. One area that is receiving increased attention is the resolution of...
Read MoreSelecting And Removing Arbitrators: Balancing Procedural Flexibility And Fairness
In many important respects, arbitration and litigation travel parallel paths. In both, a neutral party evaluates arguments and evidence and decides cases. Arbitration provides parties with the same substantive outcome - in other words, the same decision on the merits - that they would have received...
Read MorePreserving The Validity Of Agreements To Arbitrate: The Need For Mutuality In Business-to-Consumer Transactions
The prototypical arbitration agreement takes the form of a mutual promise between contracting parties to bring disputes that would otherwise be litigated in court to arbitration. In practice, however, a business party contemplating a consumer arbitration agreement may consider drafting some...
Read MoreExperts Compare The Advantages And Disadvantages Of Litigation And ADR
Editor: What factors help determine whether to use litigation or a form of ADR for resolving a dispute? Brown: The vast majority of private ADR (i.e., ADR not compelled by law) is initiated by pre-dispute ADR agreements rather than under post-dispute submissions. Post-dispute ADR agreements are...
Read MoreNew National Arbitration Forum Executive Eyes Growth Prospects For Administrated ADR
Editor: Mr. Kelly, would you provide our readers with some background on your career? Kelly: I transitioned from a broad-based corporate practice at the Faegre & Benson law firm in Minneapolis to the position of Executive Vice President of the Minnesota Vikings Football Club (the NFL...
Read MoreThe Same Result As In Court, More Efficiently: Comparing Arbitration And Court Litigation Outcomes
Parties choosing to arbitrate disputes look for a quicker, more efficient, and less expensive resolution than traditional litigation provides. At the same time, parties want an expert decision maker to review the evidence and provide them with the same substantive outcome, in the form of an...
Read MoreMediation Statutes And Form Contracts Point To Continued Growth In Real Estate And Construction Dispute Resolution
Real estate disputes arising from the sale or improvement of residential or commercial real property can be complex and often involve multiple parties with important legal and financial interests at stake. Lawsuit delays can interfere with financing and disrupt project plans. Lis pendens filings...
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