Sinta Dewi, Padjadjaran University Faculty of Law, Robert Walters of Victoria University, Leon Trakman, University of New South Wales Faculty of Law, and Bruno Zeller, University of Western Australia Faculty of Law, have jointly published a timely journal article titled, “The Role of International Mediation in Data Protection and Privacy Law – Can It be Effective?” (2019) 30 Australian Dispute Resolution Journal 61; UNSW Law Research Paper No. 19-77. 

A United States Magistrate Judge has reportedly recommended that retail giant Amazon’s motion to compel arbitration in a proposed class action lawsuit that was brought against the company over alleged children’s privacy violations be denied. 

The Supreme Court of Texas will not consider whether non-signatory assignees may be compelled to arbitrate their claims following an indemnity dispute. 

The Western District of Texas, San Antonio Division has ordered a proposed class-action Employee Retirement Income Security Act lawsuit to individual arbitration. 

by Holly Hayes We have posted here about improving provider/patient communication in healthcare. The Joint Commission (TJC) has a list of resources on its website titled: Advancing Effective Communication, Cultural Competence, and Patient-and Family-Centered Care: A Roadmap for Hospitals. The R3 Report Requirement, Rationale, Reference reviews the TJC patient-centered communication standards that will be effective July 1, 2012. The standards are summarized by TJC as follows: The Joint Commission released a set of new and revised standards for patient-centered communication as part of an initiative to advance effective communication, cultural competence, and patient- and family-centered care. These standards are designed to improve the safety and quality of care for all patients and to inspire hospitals to adopt practices promoting better communication and patient engagement. Hospitals that do not adequately address cultural, communication, mobility, and other patient needs will continue to put themselves and their patients at risk for negative consequences. The Joint Commission has made several efforts to better understand individual patients’ needs and to provide guidance for organizations working to address those needs. The Joint Commission first focused on studying language, culture and health literacy issues, but later expanded its scope of work to include the broader issues of effective communication, cultural competence, and patient and family-centered care. No longer considered to be simply a patient’s right, effective communication is now accepted as an essential component of quality care and patient safety. Additional studies show that incorporating the concepts of cultural competence and patient- and family-centeredness into the care process can increase patient satisfaction and adherence with treatment. We welcome your comments on effective communication practices in healthcare. Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at holly@karlbayer.com.  

by Holly Hayes Shared decision-making in healthcare involves providers working with patients to determine the best course of action for their disease. We wrote about a New England Journal of Medicine article on this topic here . As a follow-up, Peter Ubel’s website on Health, Well-Being, Bioethics and Behavioral Economics has a link to an article titled “10 ways to make better decisions about cancer care.” It is a simple guide that breaks down the ways patient can participate in decisions regarding their care and better understand their options without getting overwhelmed. Also helpful is Dr. Ubel’s book “You’re Stronger Than you Think: Tapping the Secrets of Emotionally Resilient People.” He describes the book as follows: In this book, I explore the reasons why people frequently underestimate their emotional resilience in the face of adversity. People often believe that happiness is a matter of circumstance. That they would be miserable if they became seriously ill or disabled. In this book, I write about 5 people who have faced serious adversity and managed to thrive. I weave their stories together with discussion of the science of emotional resilience, with the hope that I can give people useful insights to help them understand what people do when faced with adversity. Shared decision-making can be enhanced by the use of conflict engagement skills in the healthcare setting. We welcome your thoughts on this topic. Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at holly@karlbayer.com.