Meeting Archive:
Avoiding traps in alternative dispute resolution

Meeting Description:

Avoiding traps in alternative dispute resolution


The relationship between physicians and managed care organizations (MCO) is becoming increasingly complex and adversarial. Physicians continue to complain about a broad range of unfair MCO business practices. When contracted physicians and MCOs come to an impasse over these business practices, physicians and MCOs often attempt to resolve disputes through “alternative dispute resolution” (ADR) mechanisms. “Alternative dispute resolution” generally refers to any means of resolving disputes other than litigation. Mediation and arbitration are the two most common forms of ADR, and of these two, arbitration appears much more frequently in managed care agreements. From a physician perspective, ADR can in some cases be a more effective means of dispute resolution than litigation, assuming the ADR process is structured appropriately. This webinar describes the general characteristics of ADR (particularly arbitration) and how ADR contrasts with litigation, how to avoid traps for the unwary in contractual ADR clauses, and the kinds of ADR structures than some physicians have found to be the most useful.    

Date: Tue, Feb 26, 2013
Time: 12:00 PM CST
Duration: 1 hour
Host(s): AMA Practice Management Center
 Presenter Information
Wes Cleveland, JD

Wes Cleveland is an attorney in the AMA’s Private Sector Advocacy unit. Prior to joining the AMA, Mr. Cleveland served as assistant attorney general in the Office of the Texas Attorney General, an attorney in the Texas Medical Association’s Office of General Counsel, and in private practice in Austin, Texas, where he represented physicians, hospitals, and individual and institutional health care providers.

Mr. Cleveland advocates for physicians on a wide variety of issues related to federal fraud and abuse, antitrust, the Employee Retirement Income and Security Act, and state and federal managed care requirements.