Ethics in Health Dispute Resolution
Expert-defined terms from the Specialist Certification in Arbitration and Health Law course at London School of Business and Administration. Free to read, free to share, paired with a professional course.
Access to Justice – concept #
the ability of patients and providers to obtain fair resolution of health disputes. Related terms: legal aid, pro bono, equitable treatment. Explanation: Ensures that cost, geography, or disability do not prevent parties from engaging in arbitration or mediation. Example: A low‑income patient uses a court‑appointed arbitrator to resolve a malpractice claim. Challenge: Balancing resource constraints with the need for affordable dispute mechanisms.
Advocacy – concept #
representation of a party’s interests by counsel or a patient advocate. Related terms: standing, representation, counsel. Explanation: Advocates must maintain ethical standards while promoting their client’s position, avoiding undue influence on the neutral. Example: A patient advocate submits medical records to support a claim but must not coach the arbitrator. Challenge: Preventing advocacy from crossing into improper pressure on the decision‑maker.
Arbitration Clause – concept #
contractual provision requiring disputes to be resolved through arbitration. Related terms: forum selection clause, mandatory arbitration. Explanation: Determines the procedural path and may limit parties’ rights to court litigation. Example: A hospital‑physician contract includes an arbitration clause for all negligence claims. Challenge: Ensuring the clause is not unconscionable and that parties retain meaningful choice.
Arbitration Ethics – concept #
body of principles guiding arbitrators’ conduct. Related terms: code of conduct, impartiality. Explanation: Covers confidentiality, conflict of interest, and fair hearing standards. Example: An arbitrator discloses a prior consulting relationship with a medical device company before hearing a product liability case. Challenge: Detecting hidden biases and maintaining public confidence.
Beneficence – concept #
ethical principle to act in the best interest of patients. Related terms: non‑maleficence, duty of care. Explanation: In dispute resolution, parties must consider outcomes that promote health and well‑being. Example: A settlement agreement includes provisions for continued medical support. Challenge: Reconciling beneficence with financial compensation goals.
Bias (Implicit) – concept #
unconscious attitudes that affect judgment. Related terms: prejudice, stereotype. Explanation: Arbitrators must recognize and mitigate implicit bias to ensure fairness. Example: A neutral who grew up in a rural area may unintentionally favor a farmer’s claim. Challenge: Implementing training and self‑assessment tools to reduce bias.
Capacity – concept #
legal ability of a party to understand and participate in dispute proceedings. Related terms: competence, informed consent. Explanation: Determines whether a patient can consent to arbitration or must be represented. Example: An elderly patient with dementia requires a legally authorized representative. Challenge: Assessing capacity without delaying resolution.
Confidentiality – concept #
duty to protect private information disclosed during dispute resolution. Related terms: privilege, data protection. Explanation: Applies to medical records, testimony, and settlement terms. Example: An arbitrator orders that all hearing transcripts remain sealed. Challenge: Balancing confidentiality with the public interest in medical safety data.
Conflict of Interest – concept #
situation where personal or financial interests may compromise impartiality. Related terms: recusal, disclosure. Explanation: Must be disclosed promptly; the neutral may withdraw if conflict is material. Example: An arbitrator who owns stock in a pharmaceutical firm is asked to decide a drug‑related injury case. Challenge: Identifying indirect or perceived conflicts.
Consent (Informed) – concept #
voluntary agreement to arbitration after understanding rights and risks. Related terms: waiver, autonomy. Explanation: Requires clear explanation of process, potential outcomes, and alternatives. Example: A patient signs an informed consent form after a lawyer explains the limited right to appeal. Challenge: Ensuring consent is not obtained under duress or misinformation.
Corporate Governance – concept #
system of rules and practices governing health organizations. Related terms: board oversight, compliance. Explanation: Influences how disputes are managed internally and externally. Example: A hospital’s compliance officer oversees arbitration settlements to align with policy. Challenge: Aligning governance with external ethical standards.
Damages (Compensatory) – concept #
monetary awards intended to restore the injured party to their pre‑injury position. Related terms: punitive damages, restitution. Explanation: In health disputes, damages may cover medical expenses, lost wages, and pain. Example: An arbitrator awards $150,000 for a surgical error. Challenge: Calculating appropriate amounts without incentivizing frivolous claims.
Due Process – concept #
procedural fairness guaranteeing notice and an opportunity to be heard. Related terms: fair hearing, procedural rights. Explanation: Even in private arbitration, parties must receive adequate procedural safeguards. Example: A party is given sufficient time to present expert testimony. Challenge: Maintaining due process while preserving efficiency.
Ethical Codes (Professional) – concept #
formal guidelines issued by professional bodies (e.g., AMA, IBA). Related terms: code of conduct, standards. Explanation: Provide benchmarks for behavior of attorneys, arbitrators, and health professionals. Example: The International Bar Association’s Code of Conduct for Mediators outlines confidentiality duties. Challenge: Harmonizing multiple codes across jurisdictions.
Expert Witness – concept #
specialist who provides opinion evidence on medical matters. Related terms: consultant, testimony. Explanation: Must be qualified, unbiased, and disclose any financial ties. Example: A cardiologist testifies on the standard of care in a heart‑failure case. Challenge: Preventing “hired gun” experts who skew opinions.
Fiduciary Duty – concept #
obligation to act loyally and prudently for another’s benefit. Related terms: trust, loyalty. Explanation: Health providers owe fiduciary duties to patients; arbitrators must respect those duties when crafting settlements. Example: A settlement requires the provider to continue necessary treatment at no cost. Challenge: Balancing fiduciary concerns with contractual limitations.
Good Faith – concept #
sincere intention to cooperate and fulfill obligations. Related terms: fair dealing, honesty. Explanation: Parties must negotiate and arbitrate without deception. Example: A hospital provides full medical records promptly, demonstrating good faith. Challenge: Detecting bad‑faith tactics such as withholding evidence.
Health Care Law – concept #
legal framework governing delivery of medical services. Related terms: regulation, compliance. Explanation: Shapes the rights and duties of patients, providers, and insurers in dispute contexts. Example: The Affordable Care Act imposes specific reporting requirements on dispute outcomes. Challenge: Keeping abreast of evolving statutes and case law.
Impartiality – concept #
neutrality of the dispute‑resolution neutral. Related terms: bias, fairness. Explanation: Requires avoidance of favoritism, prejudice, or preconceived notions. Example: An arbitrator refrains from commenting on the merits before hearing evidence. Challenge: Maintaining true impartiality in high‑profile cases.
Informed Consent (Research) – concept #
participant’s agreement to engage in clinical research after understanding risks. Related terms: ethical review, autonomy. Explanation: Disputes may arise over alleged deficiencies in consent processes. Example: An arbitration examines whether a trial participant was properly briefed. Challenge: Interpreting consent standards across different jurisdictions.
Jurisdiction (Arbitration) – concept #
authority of a tribunal to hear a dispute. Related terms: competence, venue. Explanation: Determines whether a case can be heard by a specific arbitrator or panel. Example: A contract designates the International Chamber of Commerce as the arbitral institution. Challenge: Contesting jurisdiction when parties disagree on scope.
Legal Ethics (Attorney) – concept #
professional responsibilities of lawyers in health dispute contexts. Related terms: conflict, confidentiality. Explanation: Includes duties of loyalty, competence, and communication. Example: An attorney must avoid representing both a hospital and a patient in the same case. Challenge: Managing client expectations while adhering to ethical rules.
Liability (Vicarious) – concept #
responsibility of an entity for the acts of its employees or agents. Related terms: respondeat superior, corporate liability. Explanation: Hospitals may be held liable for physician negligence. Example: An arbitrator awards damages against the health system for a nurse’s error. Challenge: Allocating liability fairly between individuals and institutions.
Mediator Ethics – concept #
standards governing conduct of mediators in health disputes. Related terms: confidentiality, neutrality. Explanation: Emphasizes impartial facilitation, avoidance of advocacy, and respect for parties’ autonomy. Example: A mediator refrains from suggesting settlement amounts, allowing parties to decide. Challenge: Mediators may be asked to provide opinions, testing the line between facilitation and adjudication.
Non‑Discrimination – concept #
principle prohibiting differential treatment based on protected characteristics. Related terms: equal protection, bias. Explanation: Applies to access to arbitration services and outcomes. Example: An arbitrator ensures that a claim involving a minority‑focused clinic receives the same procedural respect as any other. Challenge: Detecting subtle systemic biases.
Outcome Bias – concept #
tendency to judge the quality of a decision based on its result rather than its process. Related terms: hindsight bias, procedural fairness. Explanation: May affect post‑dispute evaluation of arbitrators. Example: A settlement that appears favorable may mask procedural shortcuts. Challenge: Maintaining objective standards for evaluating dispute resolution.
Patient Rights – concept #
entitlements of individuals receiving health care, including safe treatment and fair dispute mechanisms. Related terms: autonomy, privacy. Explanation: Rights inform the ethical baseline for arbitration and mediation. Example: A patient asserts the right to a timely hearing after a malpractice incident. Challenge: Aligning patient rights with contractual limitations.
Professional Conduct (Arbitrator) – concept #
behavior expected of arbitrators in health dispute contexts. Related terms: integrity, competence. Explanation: Involves diligence, impartiality, and adherence to procedural rules. Example: An arbitrator promptly returns all submitted documents to parties after the hearing. Challenge: Addressing misconduct complaints without compromising case integrity.
Qualified Immunity (Arbitrator) – concept #
protection from liability for actions performed in good faith within the scope of authority. Related terms: legal immunity, shield. Explanation: May limit recourse against arbitrators for erroneous decisions. Example: A party cannot sue an arbitrator for damages arising from a decision, barring fraud. Challenge: Ensuring accountability while preserving independence.
Recusal – concept #
withdrawal of a neutral due to conflict or appearance of bias. Related terms: disqualification, self‑removal. Explanation: Must be timely and communicated to all parties. Example: An arbitrator steps aside after learning a sibling works for the defendant hospital. Challenge: Determining when recusal is mandatory versus discretionary.
Regulatory Compliance – concept #
adherence to laws and standards governing health care delivery. Related terms: audit, oversight. Explanation: Influences the scope of disputes and settlement terms. Example: A settlement includes a clause requiring the provider to implement new infection‑control protocols. Challenge: Monitoring compliance post‑settlement.
Remedy (Equitable) – concept #
non‑monetary relief such as injunctions, specific performance, or rescission. Related terms: injunction, specific performance. Explanation: May be appropriate when monetary compensation cannot address ongoing harm. Example: An arbitrator orders a hospital to cease a negligent surgical practice. Challenge: Enforcing equitable remedies in private arbitration.
Risk Disclosure – concept #
obligation to inform patients of potential harms associated with treatment. Related terms: informed consent, duty to warn. Explanation: Failure may lead to disputes over negligence. Example: A patient alleges inadequate disclosure of a medication’s side effects. Challenge: Defining the standard of disclosure in evolving medical practices.
Safeguard Clause – concept #
contractual provision that protects a party from certain liabilities or sets limits. Related terms: limitation of liability, indemnity. Explanation: Often used in health‑care contracts to manage dispute exposure. Example: A clause caps damages at $500,000 in arbitration. Challenge: Ensuring safeguards are not unconscionable and do not undermine patient protection.
Severability – concept #
ability to enforce remaining contract provisions if one clause is invalid. Related terms: voidable, enforceability. Explanation: Important when an arbitration clause is challenged. Example: A court strikes an overly broad arbitration provision but leaves the rest of the agreement intact. Challenge: Drafting severability language that preserves dispute‑resolution intent.
Settlement Agreement – concept #
contract resolving a dispute, often containing confidentiality and release provisions. Related terms: release, compromise. Explanation: Must respect ethical duties, such as not waiving patient rights to future claims improperly. Example: Parties agree to settle a malpractice claim with a confidential payment and a non‑admission clause. Challenge: Balancing confidentiality with public interest in medical safety data.
Standard of Care – concept #
level of competence that a reasonably prudent health professional should provide. Related terms: duty of care, benchmark. Explanation: Central to determining negligence in health disputes. Example: An arbitrator compares the defendant’s actions to accepted practice guidelines. Challenge: Updating standards as medical knowledge evolves.
Therapeutic Privilege – concept #
limited withholding of information when disclosure would cause serious harm to the patient. Related terms: non‑disclosure, paternalism. Explanation: Ethical controversy arises when it conflicts with informed consent. Example: A surgeon omits a rare but severe risk, believing the patient cannot cope. Challenge: Justifying therapeutic privilege without infringing autonomy.
Transparency (Procedural) – concept #
openness about processes, criteria, and decisions in dispute resolution. Related terms: accountability, disclosure. Explanation: Builds trust among parties and the public. Example: An arbitration institution publishes anonymized statistics on health‑law cases. Challenge: Balancing transparency with confidentiality obligations.
Unbiased Decision‑Making – concept #
decision based solely on evidence and law, free from personal prejudice. Related terms: neutrality, fairness. Explanation: Core requirement for arbitrators and mediators. Example: A neutral refrains from using personal experiences with similar medical cases to influence the outcome. Challenge: Recognizing subtle influences that may affect judgment.
Undue Influence – concept #
improper pressure that compromises a party’s free will. Related terms: coercion, duress. Explanation: Can invalidate consent to arbitration. Example: A patient signs an arbitration agreement under threat of loss of health coverage. Challenge: Detecting and proving undue influence in contractual negotiations.
Vulnerability (Patient) – concept #
heightened susceptibility to harm due to age, disability, or health status. Related terms: capacity, protection. Explanation: Requires special safeguards in dispute processes. Example: A pediatric case requires a guardian ad litem and a neutral with child‑friendly expertise. Challenge: Ensuring procedural fairness without patronizing the vulnerable party.
Waiver (Arbitration) – concept #
voluntary relinquishment of a known right, such as the right to a jury trial. Related terms: consent, relinquishment. Explanation: Must be clear, informed, and not obtained by deception. Example: A patient signs a waiver after being fully briefed on the arbitration process. Challenge: Courts may scrutinize waivers for fairness, especially in adhesion contracts.
Without Prejudice – concept #
communications made in settlement negotiations that cannot be used as evidence if negotiations fail. Related terms: confidentiality, settlement talks. Explanation: Encourages candid dialogue. Example: An arbitrator notes that parties’ “without prejudice” offers are excluded from the final award. Challenge: Maintaining the integrity of the privilege while ensuring factual accuracy.
XYZ (Placeholder for Emerging Term) – concept #
emerging concept in health dispute ethics, such as “digital health arbitration”. Related terms: telemedicine, AI ethics. Explanation: Reflects the need to address new technologies and data privacy concerns. Example: An arbitrator handles a case involving a malfunctioning AI diagnostic tool. Challenge: Developing standards for novel medical technologies.
Adverse Event – concept #
any undesirable experience associated with the use of a medical product or intervention. Related terms: incident, harm. Explanation: Triggers potential disputes and requires thorough documentation. Example: A patient experiences a severe allergic reaction to a medication, leading to an arbitration claim. Challenge: Differentiating between known risks and negligence.
Alternative Dispute Resolution (ADR) – concept #
methods other than litigation, including arbitration, mediation, and conciliation. Related terms: negotiation, dispute settlement. Explanation: Offers faster, cost‑effective resolution for health disputes. Example: A hospital adopts mediation for patient‑complaint handling. Challenge: Ensuring ADR mechanisms respect legal rights and ethical standards.
Amicus Curiae – concept #
“friend of the court” brief submitted by an interested third party. Related terms: intervention, advisory opinion. Explanation: In health‑law cases, professional societies may file amicus briefs to influence legal standards. Example: A medical association submits an amicus brief on the standard of care for organ transplantation. Challenge: Balancing expert input with impartial adjudication.
Antecedent Liability – concept #
responsibility for actions preceding a dispute, often relevant in chain‑of‑care cases. Related terms: prior negligence, historical liability. Explanation: Determines whether earlier providers share fault. Example: A patient sues a surgeon for complications that stem from a prior misdiagnosis. Challenge: Tracing liability across multiple providers and time periods.
Arbitration Award – concept #
final decision issued by an arbitrator, binding on the parties. Related terms: decision, decree. Explanation: Must be reasoned, comply with procedural rules, and respect ethical constraints. Example: An award orders the defendant to pay damages and to implement a quality‑control program. Challenge: Enforcing awards, especially when parties contest fairness.
Attorney‑Client Privilege – concept #
confidentiality of communications between a lawyer and their client. Related terms: confidentiality, privilege. Explanation: May be limited in arbitration if parties agree otherwise. Example: A patient’s attorney shares privileged notes with the arbitrator after obtaining consent. Challenge: Balancing privilege with the need for full disclosure in fact‑finding.
Bias (Explicit) – concept #
openly expressed prejudice that influences decision‑making. Related terms: partiality, discrimination. Explanation: Must be disclosed and usually results in disqualification. Example: An arbitrator publicly states opposition to certain medical practices before the hearing. Challenge: Detecting and addressing overt bias promptly.
Beneficiary Designation – concept #
naming a person or entity to receive benefits, often relevant in settlement structuring. Related terms: trust, inheritance. Explanation: May affect the distribution of compensation in health disputes. Example: A settlement includes a payment to a patient’s minor child as a designated beneficiary. Challenge: Ensuring compliance with tax and legal regulations.
Binding Arbitration – concept #
arbitration whose outcome is final and enforceable, with limited appeal rights. Related terms: finality, enforceability. Explanation: Common in health‑care contracts to provide certainty. Example: A health insurer agrees to binding arbitration for coverage disputes. Challenge: Protecting parties from potential injustice due to limited review mechanisms.
Chilling Effect – concept #
discouragement of legitimate claims due to fear of retaliation or costly processes. Related terms: deterrence, intimidation. Explanation: Overly restrictive arbitration clauses may produce a chilling effect on patient rights. Example: Patients avoid filing complaints because arbitration fees are prohibitive. Challenge: Crafting clauses that deter frivolous claims without suppressing valid ones.
Class Action Waiver – concept #
contractual term that prevents parties from joining a collective lawsuit. Related terms: collective arbitration, individual claims. Explanation: Frequently included in health‑service agreements. Example: A pharmacy chain’s contract includes a waiver of class actions, directing disputes to individual arbitration. Challenge: Determining whether the waiver is enforceable under consumer protection laws.
Conflicts of Law – concept #
situation where different jurisdictions have competing legal rules. Related terms: choice of law, forum selection. Explanation: Affects which statutes and precedents apply in health disputes. Example: A cross‑border telemedicine case raises questions about U.S. versus EU privacy laws. Challenge: Predicting outcomes when legal frameworks diverge.
Due Diligence (Pre‑Arbitration) – concept #
thorough investigation of facts and legal issues before initiating arbitration. Related terms: pre‑litigation, fact‑finding. Explanation: Helps parties assess strengths and negotiate settlements. Example: Counsel reviews medical records, expert reports, and insurance policies before filing a claim. Challenge: Allocating costs and time for comprehensive due diligence.
Ethical Dilemma (Dual Role) – concept #
situation where a professional serves two conflicting functions (e.g., therapist as expert witness). Related terms: conflict, role conflict. Explanation: Requires careful navigation to avoid compromising either role. Example: A psychiatrist testifies about a patient’s mental state while still providing therapy. Challenge: Maintaining confidentiality and objectivity simultaneously.
Ex Parte Communication – concept #
communication with one party without the other present. Related terms: bias, procedural fairness. Explanation: Generally prohibited in arbitration to preserve neutrality. Example: An arbitrator receives a private email from the defendant’s counsel. Challenge: Determining the impact on the proceeding and remedying any prejudice.
Fee Shifting – concept #
allocation of legal costs to the losing party. Related terms: costs, attorney fees. Explanation: May incentivize settlement or discourage frivolous claims. Example: An award includes an order that the defendant reimburse the plaintiff’s arbitration fees. Challenge: Ensuring fee‑shifting provisions do not create undue pressure to settle.
Good Samaritan Law – concept #
statutes that protect providers who offer emergency assistance from liability. Related terms: immunity, emergency care. Explanation: Can affect dispute outcomes when care is rendered outside a formal setting. Example: A volunteer physician’s actions are shielded under a Good Samaritan provision. Challenge: Interpreting the scope of protection in complex cases.
Health Information Portability – concept #
patient’s right to obtain and transfer medical records. Related terms: HIPAA, data access. Explanation: Essential for evidence gathering in arbitration. Example: A patient requests electronic health records to support a claim. Challenge: Balancing privacy concerns with the need for comprehensive documentation.
Impartiality Screening – concept #
systematic process to identify potential biases before appointing a neutral. Related terms: conflict check, vetting. Explanation: Involves questionnaires, background checks, and disclosures. Example: An arbitration institution conducts an impartiality screening of all candidate arbitrators. Challenge: Ensuring the screening is thorough yet respects privacy.
Injunction (Provisional) – concept #
temporary court order to preserve the status quo pending final resolution. Related terms: temporary relief, restraining order. Explanation: May be sought in health disputes to prevent ongoing harm. Example: A plaintiff obtains a provisional injunction to stop a hospital from performing a risky procedure. Challenge: Coordinating with arbitration when interim relief is required.
Judgment Enforcement – concept #
mechanisms to compel compliance with arbitration awards. Related terms: execution, collection. Explanation: May involve court assistance to enforce monetary or non‑monetary awards. Example: A creditor files a writ of execution to collect an award from a health‑care provider. Challenge: Overcoming jurisdictional obstacles and resistance.
Legal Standing – concept #
right of a party to bring a claim before a tribunal. Related terms: locus standi, admissibility. Explanation: Determines whether the dispute can proceed. Example: A minor’s guardian has standing to pursue an arbitration on behalf of the child. Challenge: Establishing standing in cases involving indirect injuries.
Medical Ethics Committee – concept #
body that reviews ethical aspects of clinical practice and research. Related terms: IRB, ethics board. Explanation: May be consulted during dispute resolution to assess standards. Example: An arbitrator refers to the hospital’s ethics committee findings on consent practices. Challenge: Integrating committee recommendations without overstepping procedural boundaries.
Mitigation of Damages – concept #
duty of the injured party to take reasonable steps to reduce losses. Related terms: reduction, loss prevention. Explanation: Affects the amount recoverable in arbitration. Example: A patient seeks alternative treatment promptly to limit injury progression. Challenge: Proving that mitigation efforts were reasonable and sufficient.
Non‑Compete Clause – concept #
contractual restriction preventing a party from working for competitors. Related terms: restrictive covenant, limitation. Explanation: May appear in health‑care employment contracts and affect dispute outcomes. Example: A physician’s settlement includes a non‑compete provision. Challenge: Ensuring the clause does not violate public policy or antitrust law.
Obligation of Good Faith Negotiation – concept #
requirement that parties engage sincerely in settlement talks. Related terms: fair dealing, honesty. Explanation: Failure may result in sanctions or loss of procedural rights. Example: A party refuses to exchange relevant documents during pre‑arbitration negotiations. Challenge: Proving bad‑faith conduct and determining appropriate remedies.
Patient Advocacy Group – concept #
organization representing patient interests in policy and dispute contexts. Related terms: consumer organization, stakeholder. Explanation: May submit amicus briefs or assist parties in arbitration. Example: A group files an amicus brief highlighting systemic issues in a medical device case. Challenge: Balancing advocacy with neutrality in the arbitration process.
Precedent (Stare Decisis) – concept #
principle that prior judicial decisions guide future rulings. Related terms: case law, binding authority. Explanation: In arbitration, parties may reference precedent, but arbitrators are not bound by it. Example: An arbitrator cites a recent appellate decision on the standard of care. Challenge: Determining the persuasive weight of precedent in private adjudication.
Qualified Expert – concept #
individual possessing specialized knowledge necessary to assist the tribunal. Related terms: expert witness, specialist. Explanation: Must meet criteria of relevance, reliability, and independence. Example: A radiologist is appointed as a qualified expert to interpret imaging in a malpractice case. Challenge: Vetting experts to avoid “hired guns” and ensuring impartiality.
Reciprocity (Arbitration Agreements) – concept #
mutual obligation for parties to submit disputes to arbitration. Related terms: mutuality, bilateral clause. Explanation: Ensures fairness; unilateral clauses may be challenged. Example: Both provider and insurer agree to arbitrate any coverage disputes. Challenge: Drafting reciprocal language that satisfies legal scrutiny.
Remedy (Restitution) – concept #
restoring the injured party to the position they would have occupied absent the wrongdoing. Related terms: compensation, restitution. Explanation: May involve return of property, reimbursement, or corrective action. Example: An arbitrator orders a hospital to return a misused research grant to the plaintiff. Challenge: Quantifying restitution in complex health‑care contexts.
Res judicata (Claim Preclusion) – concept #
principle that a final judgment bars re‑litigation of the same claim. Related terms: collateral estoppel, finality. Explanation: Applies to arbitration awards as well as court judgments. Example: A dismissed claim cannot be re‑filed after an arbitration award. Challenge: Determining whether subsequent claims are truly identical or raise new issues.
Sanctions (Procedural) – concept #
penalties imposed for non‑compliance with procedural rules. Related terms: penalties, enforcement. Explanation: May include cost awards, dismissal of claims, or removal of a neutral. Example: An arbitrator sanctions a party for failing to produce documents on time. Challenge: Balancing deterrence with fairness.
Settlement Conference – concept #
meeting of parties, often with a neutral, to explore resolution options. Related terms: mediation, negotiation. Explanation: Can occur before or during arbitration and may result in a binding agreement. Example: A settlement conference leads to a confidential compromise and dismissal of the arbitration. Challenge: Maintaining confidentiality while ensuring informed decisions.
Statutory Immunity – concept #
legal protection granted by statute to certain entities or individuals. Related terms: government immunity, shield law. Explanation: May limit liability for hospitals acting under specific health‑policy programs. Example: A public health agency enjoys statutory immunity for decisions made during a pandemic response. Challenge: Reconciling immunity with victims’ rights to compensation.
Standardized Arbitration Rules – concept #
pre‑drafted procedural guidelines adopted by institutions. Related terms: institutional rules, procedural framework. Explanation: Provide consistency and predictability for health‑law disputes. Example: The International Centre for Dispute Resolution’s rules govern a cross‑border medical device arbitration. Challenge: Adapting generic rules to the nuances of health‑care cases.
Subrogation – concept #
right of an insurer to step into the shoes of the insured to recover from a third party. Related terms: reimbursement, indemnity. Explanation: Affects settlement amounts and allocation of responsibility. Example: An insurer recovers from a negligent surgeon after paying the patient’s claim. Challenge: Coordinating subrogation claims with arbitration awards.
Surrogacy Agreement – concept #
contract governing the arrangement for a surrogate mother. Related terms: reproductive law, parental rights. Explanation: Disputes may arise over medical decisions or parental status. Example: An arbitration resolves a disagreement over prenatal care responsibilities. Challenge: Navigating complex ethical and legal considerations in reproductive health.
Therapeutic Exception – concept #
limited deviation from standard protocols justified by patient‑specific needs. Related terms: custom care, individualized treatment. Explanation: May be scrutinized in disputes to assess negligence. Example: A physician deviates from a guideline to address a rare allergy, resulting in a dispute. Challenge: Demonstrating that the exception was medically justified.
Third‑Party Funding – concept #
external financing of a party’s legal costs in exchange for a share of the recovery. Related terms: litigation funding, financing. Explanation: Can enable claimants with limited resources to pursue arbitration. Example: A litigation funder advances costs for a malpractice claim, receiving 30% of any award. Challenge: Managing confidentiality and potential conflicts of interest.
Transitional Justice – concept #
mechanisms to address past human rights violations in health contexts. Related terms: reparations, truth commissions. Explanation: May involve arbitration of historic abuse claims. Example: A post‑conflict nation uses arbitration panels to settle health‑related war crimes. Challenge: Balancing restorative goals with legal certainty.
Undue Hardship (Contractual) – concept #
circumstance where performance of a contractual term becomes excessively burdensome. Related terms: force majeure, impracticability. Explanation: May justify modifying arbitration clauses. Example: A pandemic renders an arbitration venue inaccessible, prompting relocation. Challenge: Proving hardship and obtaining neutral agreement.
Venue Selection – concept #
choice of location where arbitration hearings will be held. Related terms: forum, seat of arbitration. Explanation: Influences procedural rules, applicable law, and logistical considerations. Example: Parties agree on a neutral city with state‑law arbitration statutes. Challenge: Ensuring the venue is convenient and does not prejudice either side.
Waiver of Rights – concept #
relinquishment of specific legal entitlements, such as the right to a jury trial. Related terms: consent, relinquishment. Explanation: Must be explicit and informed. Example: A patient signs a waiver foregoing the right to a public trial in exchange for a private arbitration. Challenge: Courts may invalidate waivers deemed unconscionable.
Whistleblower Protection – concept #
legal safeguards for individuals reporting misconduct in health institutions. Related terms: retaliation, reporting. Explanation: May intersect with dispute resolution when allegations lead to arbitration. Example: A nurse files a claim under whistleblower statutes, leading to an arbitration over retaliation. Challenge: Maintaining confidentiality while protecting the whistleblower.
Work‑Product Immunity – concept #
protection of documents prepared in anticipation of litigation from discovery. Related terms: attorney‑client privilege, discovery. Explanation: May be asserted in arbitration to limit disclosure. Example: A law firm withholds internal memos citing work‑product immunity. Challenge: Determining the scope of immunity in private dispute settings.
Zero‑Sum Perception – concept #
belief that one party’s gain must equal the other’s loss. Related terms: adversarial, competitive. Explanation: Can hinder collaborative resolution approaches. Example: Parties view arbitration as a win‑lose battle, reducing willingness to settle. Challenge: Reframing disputes toward mutually beneficial outcomes.