The entire legal profession–lawyers, judges, law professors–has become so mesmerized with the stimulation of the courtroom that we tend to forget that we ought to be healers of conflicts. For many claims, trials by adversarial contest must in time go the way of the ancient trial by battle and blood. Our system is too costly, too painful, too destructive, too inefficient for a truly civilized people.

Warren E. Burger, former Chief Justice of the U.S. Supreme Court

Medical Alternative Dispute Resolution Services is a resource for alternative dispute resolution ("ADR") services for disputes arising in the health care professions.  Medical claims are among the most difficult disputes to resolve.  Because of the complexity of medical issues, a typical medical malpractice mediation requires a neutral with broad experience in medical malpractice litigation. Most medical malpractice mediations occur late in the litigation process after the parties have become entrenched in legal positions.  Untangling the parties legal positions and opening effective communications requires a mediator who has come to understand the interests that are at stake for both the health care provider as well as the patient who has brought the claim. 

BASIC ADR SERVICES:

•  Mediation

•  Med-Arb

•  Arbitration

•  Neutral Case Evaluation

Mike Ornoff

The founder of Medical Alternative Dispute Services, Michael E. Ornoff, brings a unique perspective to health care ADR generally and to medical malpractice mediation in particular.  He practiced law for over 25 years, most of which involved complex medical malpractice claims.  He has handled those cases from both sides of the courtroom - First as a defense lawyer for health care professionals; then as an advocate for patients injured due to negligent provision of health care. 

Having extensive experience in trying and settling medical malpractice cases as an attorney for both patients and health care professionals, Mike understands the issues, interests and factors underlying the positions taken by both in these disputes.  His perspective on medical malpractice mediation is unlike that of most others in health care ADR -- few medical malpractice mediators have had experience representing the parties on both sides of these difficult cases.  Because Mike no longer actively practices law in that field, he does not bring to the malpractice mediation conference any bias favoring one side or the other.  His only goal as a medical malpractice mediator is to assist the parties in finding a reasonable resolution without wasteful, expensive, time-consuming and emotionally taxing trials, hearings and discovery.

In addition to medical malpractice cases, conflict arises in many other aspects of the medical profession.  Disputes arise is many contexts, and most are amenable to resolution without the need for contentious, lengthy, expensive and time-consuming litigation with all of its associated discovery and depositions.  Health care professionals need prompt resolution of disputes, and Medical Alternative Dispute Resolution services can provide a more civil, less expensive and quicker resolution than the traditional option of litigation in the courts.

In recent years, various forms of alternative dispute resolution, and especially mediation, have grown in popularity and success.  Participants in mediation are generally far more satisfied with a mediated resolution of a dispute than are litigants after the lengthy and expensive process of discovery, trial continuances, an emotionally exhausting trial, and ultimately a "winner takes all" decision by a jury, judge or appellate court.  Mediation is a better way of solving legal, business and personal disputes.  It can be utilized not only to solve legal disputes, but a whole spectrum of disputes and conflicts that may not lend themselves to satisfactory resolution in a legal forum.

  • A Sensible, Less Costly Means Of Solving Legal, Business and Personal Disputes
     
  • An Alternative To High Litigation Costs
     
  • Fair, Self-Determined And Prompt Resolution
     
  • A Means For People To Communicate Their Real Interests and concerns Rather Than Making Legal Arguments And Posturing For An Adversarial Confrontation in court

To learn more about ADR, just click What is ADR?