Services

In high-stakes healthcare litigation, the right neutral does more than just preside, he/she facilitates a path to resolution.

Expert Mediation And Arbitration

Working with me

Here is why my dual background as a CEO and an experienced arbitrator provides a distinct advantage:

  • Zero Learning Curve: Having served as CEO for multiple ACOs/IPAs, I possess an innate understanding of the subject matter. I digest complex healthcare data and operational nuances rapidly, saving the parties the time and expense usually spent “educating” the arbitrator.
  • Issue Narrowing & Resolution: I don’t believe in passive arbitration. I leverage my business background to help parties identify and narrow the core issues. By stripping away peripheral noise, I create a framework where resolution becomes the logical next step.
  • Proven Settlement Record: The majority of the cases I handle reach a settlement before a final award is necessary. Because I have insight from both sides, I can guide parties toward common ground efficiently.
  • Substantial Cost Savings: Speed is the ultimate cost-saver. My ability to grasp technical evidence quickly and streamline the proceeding directly translates to reduced legal fees and lower administrative costs for all parties involved.
  • Trusted Industry Neutral: My standing as a neutral for the American Arbitration Association (AAA) and the American Health Law Association (AHLA) ensures a process rooted in the highest standards of integrity, fairness, and healthcare-specific expertise.

Arbitration

Arbitration is a formal, binding process where a neutral party decides the dispute. It’s faster and more flexible than litigation, while still providing a definitive resolution.

Why Choose Arbitration With Me

Because I understand healthcare operations from the inside, not just the legal frameworks, I grasp the substantive issues quickly. This means:

  • Faster resolution — I understand the business context from day one
  • Efficient process — No fishing expeditions, focused discovery on what matters
  • Well-reasoned awards — Decisions grounded in legal precedent and operational reality

My Process

  1. Preliminary HearingKey factual and legal issues are identified early, and a clear procedural schedule is established
  2. Scheduling and Other OrdersI expect all dates to be strictly adhered to, and will exclude specific evidence where parties have not followed their own agreement
  3. Limited Motion PracticeAny party wishing to file a motion must first seek permission so I can assess its effect on the case
  4. Discovery ManagementI encourage reasonable limitations and resolve disputes through conference, not just briefs
  5. Timely DecisionA clear, executable award that addresses the critical issues

Healthcare Expertise

I have specific experience in:
  • Payor/provider reimbursement disputes
  • 340B Drug Pricing Program claims
  • ERISA and prompt payment law issues
  • Breach of contract and fraud
  • Physician employment disputes
  • Medical practice partnership/shareholder disputes
  • Vendor Healthcare Provider IT disputes

Mediation

Mediation is a less formal, typically non-binding process focused on helping parties reach a consensual resolution. It’s often faster and less expensive than arbitration or litigation.

Why Choose Mediation

Mediation can achieve creative, win-win outcomes that aren’t possible in adversarial proceedings. A skilled mediator helps parties realistically assess their positions and find common ground.

My Approach

I prefer an evaluative or blended approach rather than purely facilitative. This means I’ll share my views on the strengths and weaknesses of each party’s position which often accelerates settlement.
  • Preparation — I study the confidential pre-mediation submissions thoroughly
  • Flexibility — I encourage parties to rethink positions and assess risk realistically
  • Persistence — Settlement takes time; I manage the process without rushing it
  • Party-Driven — The goal is a resolution that works for both sides

Virtual Hearings

I’m proficient in conducting arbitrations and mediations via video conference and have handled numerous evidentiary and motion hearings remotely.

Platforms: Zoom, Microsoft Teams, LoopUp, GoToMeeting

Document Management: AAA WebFile, electronic exhibits

AI:  Clearbrief AI Certification for AAA

I encourage the use of technology to improve efficiency while maintaining confidentiality and procedural integrity.