Recent Articles

American Arbitration Association Calls For Muscular Arbitration

Richard J. Webb
March 20, 2012 21:05

       Last week I attended the American Arbitration Association's Neutrals Conference, held this year in Scottsdale, Arizona. Over 300 AAA neutrals (arbitrators and mediators) from across the country and overseas attended the event. The AAA uses the Neutrals...

Selecting A Hospital-Medical Staff Standing Neutral

Richard J. Webb
March 13, 2012 16:29

       This fourth and final installment on the Hospital-Medical Staff Standing Neutral will address the neutral selection process. Previous posts introduced the concept, its advantages and relation to Joint Commission requirements, and how to define the neutral's...

NJ Bar Section Offers Brown Bag Lunch On Antitrust Developments In Healthcare

Richard J. Webb
March 05, 2012 20:42

       The New Jersey State Bar Association's Health and Hospital Law Section is offering an interesting program in an alternative format. The program will address antitrust developments related to various forms of integration among healthcare providers: hospital -...

Part 3- Defining The Role Of The Hospital-Medical Staff Standing Neutral

Richard J. Webb
February 29, 2012 16:00

     I previously introduced the concept of the hospital-medical staff standing neutral, and how satisfaction of Joint Commission conflict resolution requirements and other advantages argue for its use. This Part 3 of the series will turn to the potential roles a standing...

Supreme Court Rejects State Bar Of Nursing Home Arbitration Clauses

Richard J. Webb
February 25, 2012 00:03

       On February 21, the U.S. Supreme Court vacated a 2011 ruling by West Virginia's highest court that found all predispute arbitration clauses in nursing home admission agreements were void as a matter of public policy. In Marmet Health Care Center v. Brown, the...

State Courts, Lean Budgets And ADR

Richard J. Webb
February 23, 2012 15:57

       "State courts across the United States are bracing for another year of austerity as a new budget cycle threatens once again to limit funding for the courts." So writes Sheri Qualters in the National Law Journal, as reprinted this week in the New Jersey...

NJSBA Offers Program On Decision-Making By Judges And Arbitrators

Richard J. Webb
February 16, 2012 19:08

       "Decision-Making By Judges And Arbitrators - How Decisions Are Made And Influences On The Process" will be the subject of a program by the Dispute Resolution Section of the New Jersey State Bar Association at 6:30 p.m. on Tuesday, February 28, at the...

Part 2 - Joint Commission Conflict Resolution Requirements And The Advantages Of A Hospital-Medical Staff Standing Neutral

Richard J. Webb
February 14, 2012 14:46

     I previously introduced the concept of the hospital-medical staff standing neutral. In this Part 2 of a series, I will cover relevant Joint Commission requirements, and the advantages and drawbacks of using a hospital-medical staff standing neutral to resolve conflicts...

The Hospital-Medical Staff Standing Neutral - Part 1

Richard J. Webb
February 07, 2012 16:15

     The idea of a "standing neutral" is well known within the construction industry, and has been used there in various forms for many years. The construction standing neutral is a trusted expert selected by the owner and the contractor at the outset of a project who...

ADR Can Help Lawyers "Win Cheap"

Richard J. Webb
February 02, 2012 17:56

     I've been on a mission to convince fellow lawyers that encouraging clients to use mediation, arbitration and other alternative dispute resolution methods is good for clients and their lawyers. According to Dan Hull:          ...