The Mediator and the Photographer: Frames and Filters in the Mediation Process

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The Mediator and the Photographer: Frames and Filters in the Mediation Process

Image courtesy of Tanatat at FreeDigitalPhotos.net

For any mediator who has ever tried his or her hand at advanced photography, the connections between mediation and photography become strikingly obvious. In the same sense that a mediator uses concepts like framing and filtering to help clients reach a settlement, a photographer uses these exact concepts when taking and finishing photo to show a particular mood or tone.

According to its most general definition, the term ‘frame’ refers to the boundaries that are set and how the content within those boundaries is viewed. In photography, the photographer understands that framing a photo is one of the most important steps to distinguishing that photo from others—while one photographer might frame a scene from one angle or from a particular distance, another photographer could find a completely different angle and viewpoint that changes the entire mood and tone of the photo. While it’s the same scene, the outcome could be vastly different; in the world of photography, this difference has distinguished many photographers’ work.

Those who are familiar with the process of mediation can easily see the metaphorical connection between a photographer’s frame and the frame with which a mediator sets up a session. Approaching a dispute from one angle could lend an entirely different tone and outcome to the outcome of the session. This is why framing is so important from the onset and should be the first thing you focus on to set your work apart from that of other mediators. How can you frame this dispute in such a way that will decrease tension, reduce misunderstanding and promote compromise?

Likewise, in the general sense of the term, a filter can shift, diminish or accentuate a particular object or group of objects. In photography, a filter can completely change the mood and outcome of the photograph. A color filter can make a yellow-tinged object look blue, a diffusion filter can soften the lines of the objects within the photo, and a UV filter can reduce the haze of ultraviolet light.

In mediation, filters are the metaphorical lens through which your clients are viewing their situation and dispute. They will come to the mediation session with their own filters and it is up to you to recognize what those are and, if necessary, change them or remove them to help your clients see the situation more clearly. In many cases, this involves showing them the reality of the situation—for example, discussing what the likely outcome would be if the case were litigated. After their personal filters have been removed, expect the picture they see to be much clearer and closer to reality, leading to a much easier resolution process.

So the next time you enter a mediation session, think like a photographer and imagine the outcome you want for the final product. With that in mind, frame your approach and determine the filters that need to be added or removed to get there. This is the art of mediation.

May 27, 2013

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The Rising Necessity of Healthcare Mediation

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The Rising Necessity of Healthcare Mediation

Image courtesy of Ambro / freedigitalphotos.net

Rising healthcare costs has been a topic on everyone’s mind, particularly in light of recent legislation.  While legislators are working to make healthcare costs more manageable—both for the government and for citizens—there is still a wide range of disputes that can arise among insurance companies, doctors and patients.  These disputes, if not resolved quickly, can become unmanageable in terms of cost and time, and can quickly lead to litigation capable of ruining a physician’s reputation or financial outlook.

Whether the conflict is between a carrier and a policy holder, a physician and a patient, medical staff and family members or labor and management, healthcare mediation is a low-cost, effective way of resolving disputes that arise in the healthcare industry.  With the assistance of a third-party, neutral mediator who understands healthcare law and its implications for providers, patients and insurance companies, healthcare disputes can be dealt with confidentially and effectively, avoiding the devastating impact that litigation can bring.

Healthcare mediation can also help deal with a provider’s rising costs or potential financial losses, including staff cuts and significant changes within the insurance industry.  Dealing with conflicts before they get out of hand is vital to making sure that a provider or employer can get back to business as usual without risking reputation and loss of a positive brand image.

In fact, one of the primary reasons healthcare costs have skyrocketed so significantly is the increase in litigation resulting from healthcare-related disputes.  These disputes have reached such a critical level that doctors are forced to cut corners in their services provided just to mitigate the risk of litigation.  Healthcare mediation, on the other hand, works to help parties in dispute arrive at a fair and reasonable resolution to a healthcare dispute, avoiding litigation altogether.  Not only is this good for maintaining a positive relationships between parties involved in health care—it also helps to slowly lower the rising healthcare costs that are sweeping our nation.

May 20, 2013

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May 16, 2013

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Medical Malpractice Mediation and How Oregon is Approaching the Problem

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Medical Malpractice Mediation and How Oregon is Approaching the Problem

Image courtesy of smokedsalmon / freedigitalphotos.net

The cost of medical malpractice in the United States has risen to over $55.6 billion a year, and as litigation increases, this figure only continues to grow.  The costs for doctors are overwhelming and have shut down smaller and privately-owned practices with the simple inability to pay the malpractice insurance premiums needed to mitigate the risk.  For this reason, legislatures across the country are considering alternative methods of dealing with the growing problem—with medical malpractice mediation being at the top of many states’ lists.

Oregon is one such state.  This past week, a bill known as Senate Bill 483 encouraging medical malpractice mediation as a form of alternative dispute resolution passed the Oregon House and is heading for the desk of Oregon Governor John Kitzhaber for his final approval.  The Oregon Senate passed the bill with a 26-3 vote and the Oregon House of Representatives passed it with an even greater margin of 55-1.  Since the governor has been an advocate for alternative solutions to medical malpractice claims within the state, he is expected to sign the bill into law.

Under this new legislation, which is anticipated to cost nearly $1.6 million for the state, patients and physicians or healthcare facilities would have the opportunity to participate in confidential mediation as a way to stave off a medical malpractice lawsuit.  The lawmakers hope that the bill’s presence will help the state avoid frivolous malpractice claims, although many experts believe that the bill’s measures do not go far enough in putting a dent in the problem.  Such experts are blaming Governor Kitzhaber for working to pass feel-good legislation that will not do any real good once in practice.

Governor Kitzhaber’s statement regarding the legislation would seem to show otherwise.  “I committed last year to bring a proposal to the Legislature to ensure that our medical liability system fits within our shared vision of health system transformation,” Kitzhaber said, “and I appreciate the Legislature supporting this effort.”