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Health Care Arbitration Training 2021


Health care attorneys are increasingly turning to arbitration. This engaging, interactive program imparts the substantive knowledge and skills needed to arbitrate health law cases effectively. It will qualify you to serve as an arbitrator for the AHLA Dispute Resolution Service.

Topics will include:

  • Arbitrator Selection and Legal Ethics and Disclosures
  • Arbitrator Authority and Responsibilities
  • Claim Management: Pre-Hearing Process, E-Discovery, Hearing, Awards, and Post-Hearing Issues
  • Special Concerns: Pro Se Parties, Class Actions, Employment Cases, Consumer Cases

    *All times are Eastern Standard Time

Monday, December 6, 2021

11:00-11:25 am
Welcome and Introductions
Geoff Drucker
11:25 am-12:25 pm

Agreements to Arbitrate
Paul E. Risner

• Basic clause
• Exercising control over process
• Tailoring the clause to specific situations
• Sample clauses

12:40-1:45 pm

Process for Selecting an Arbitrator | Arbitrator Ethics and Disclosures
Elise D. Brennan

• Number of arbitrators
• Selection processes
• ABA/AAA/AHLA code of ethics
• Presumption of neutrality
• Importance/methods of disclosure

2:00-3:15 pm

Group Exercise on Ethics
Elise D. Brennan

• Handout with 10 ethics dilemmas for analysis and group discussion
3:30-4:15 pm

Arbitrator Authority and Responsibilities
Elise D. Brennan

• Whether jurisdiction is decided by courts or arbitrator
• How AHLA rules support arbitrator in making determination
• Trend toward managed arbitrations
• Case law support for AHLA rules


Tuesday, December 7, 2021

11:00-11:45 am

Pre-Hearing Process—Preliminary Hearing
Glenn J. Waldman

• The Rule 5.4 Status Conference
• Procedural issues
• Substantive issues
• Fact Discovery and Expert Witnesses Disclosures (and Discovery)
• The Scheduling Order
11:45 am-12:45 pm

Pre-Hearing Process—Discovery | Subpoenas |Motions | Emergency Relief |Mediation
Glenn J. Waldman

• Discovery: Contractual Scope and/or Arbitrator’s Discretion
• Subpoenas: Issuance and Enforcement (Depositions vs. Final Hearing)
• Motions: What is permitted; what is helpful; scheduling
• Interim Relief: Summary Adjudications, Injunctions, Motions in Limine, Etc.
• Mediation: Benefits and Timing (Ethical Considerations)
1:00-1:45 pm

Managing Health Care Documents in Arbitration
Myra C. Selby

• Basic terms and concepts
• Distinctive features
• Establishing ground rules for production of ESI

2:00-3:15 pm

Group Exercise on Arbitrator Authority and Preliminary Hearings
Myra C. Selby

• Handout with 9 questions on authority and process for analysis and group discussion


Wednesday, December 8, 2021

11:00 am-12:15 pm

Arbitration Hearings
Paul E. Risner

• Pre-hearing submissions
• Opening and closing arguments
• Evidence: ground rules and guidelines
• Managing time and emotions
• Closing and reopening the hearing

12:30-1:45 pm

Group Exercise on Arbitration Hearings
Paul E. Risner

• Handout with 7 questions for analysis and group discussion

2:00-2:45 pm

Post-Hearing Issues
Glenn J. Waldman

• Reconsideration by the Arbitrator
• Vacating an award: statutes and jurisdiction (Including Alleged Errors of Fact and Law)
• How courts rules on these grounds (Limitations of Review)
• Enforcement of a Final Award (Jurisdiction for Confirmation and/or Vacatur)
3:00-4:15 pm

Special Concerns:  Pro Se Parties | Sanctions | Class Actions | AHLA Rules and Process | Employment and Consumer Cases | Revised Uniform Arbitration Act
Geoff Drucker
Myra C. Selby

• How to manage parties who are representing themselves
• The legal authority of arbitrators to impose sanctions
• Whether an agreement to arbitrate may prohibit class actions
• New AHLA rules, and special rules for employment and consumer cases
• What is new and different in the revised Uniform Arbitration Act


Thursday, December 9, 2021

11:00 am-12:00 pm

Elise D. Brennan

• Interim Awards
• Partial Final Awards
• Form / framework of awards
• AHLA rules on awards
• Drafting of awards
12:15-1:30 pm

Group Exercise on Awards
Elise D. Brennan

• Analysis and group discussion of drafting an award based on a hypothetical set of facts
1:30-2:15 pm
Question and Answer Session
Elise D. Brennan
Geoff Drucker
Paul E. Risner
Myra C. Selby
Glenn J. Waldman
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