ADR in Healthcare Malpractice: Annotated Bibliography
Legal and Ethical Issues for Health Professionals: BUSI 506
Amberleigh S. Powell
Liberty University
Respectfully submitted to Dr. Josefina Cruz-Melend
July 15, 2022
Introduction
Alternative dispute resolution (ADR) is a procedure that is used for settling disputes without
litigation—the three ways this is done is by arbitration, mediation, or negotiation. ADR is so
popular because unlike litigation, it is usually collaborative and allows the parties to see each
other’s positions. It also allows the parties to come up with creative solutions that courts would
not be able to impose. ADR can also be cheaper because sometimes it only requires one lawyer
instead two, one for each party. Many companies use ADR in their everyday business to deal
with clients and partners. Arbitration is out-of-court resolution of a dispute between parties to a
contract, decided by an impartial third party. Mediation is an informal negotiation assisted by an
impartial third party that encourages disputing parties to craft their own solutions—enhances the
likelihood of continuing business relationship. Both of these can be done by an attorney or
someone trained in the field of ADR. In my selected field of Nursing, mediation is most often
used in Human Resources, and in the role of Nursing Administrator. As I work towards my
master’s degree, my goal is to one day be a nurse administrator in the large, level one trauma
center that I currently work in. As a nursing administration, my role would include policy
planning, staff management, business management, and ADR between patients and nurses,
patients and doctors and employee to employee mediation. Sometimes, there are nurses that do
not get along with each other, and as a solution, are sent to the nurse administrator to discuss
their issues with each other in a mediated area.
Annotated Bibliography
Blancero, D., DelCampo, R. G., & Marron, G.F. (2010). Just Tell Me! Making Alternative
Dispute Resolution Systems Fair. Industrial Relations: A Journal of Economy
andSociety,49(4), 524–543.
