Alternative Dispute Resolution

Nelson Hardiman has successfully represented healthcare facilities, providers, professionals, life sciences and technology businesses in arbitrations. Our lawyers are well practiced in the different models of alternative dispute resolution (ADR) in healthcare, and employ ADR as the first line of defense to resolve claims effectively.

Because we know the healthcare system and the laws, regulations and agency guidelines that govern healthcare entities, we leverage arbitration and mediation to help our clients resolve claims fairly and cost-effectively. We also handle subsequent litigation that may arise in federal or state courts in the United States in enforcing arbitral awards or pursuing other lines of defense, contributing to the overall acceptance of ADR by the healthcare industry.

Our Work Includes:

  • Arbitration Represented providers in payment disputes with managed care plans and commercial breach of contract and unfair competition arbitration.
  • Deceptive Marketing Practices Defended an outpatient surgery center in arbitration with a surgeon alleging deceptive marketing practices in violation of the federal Lanham Act and breach of an exclusive services contract.
  • Employment Represented a bariatric surgeon in arbitration bringing contract, tort, and Labor Code claims against a former employer/medical practice.
  • Managed Care Represented IPA in arbitration against a laboratory, defending against numerous claims and legal theories seeking more than $1.5 million for lab testing performed after termination of the parties’ agreement.
  • Medical Malpractice Defended healthcare professionals against medical malpractice claims in binding arbitrations.
  • Provider Reimbursement Recovered millions of dollars in unpaid/underpaid claims on behalf of a large hospital provider in arbitration involving numerous local and out-of-state managed care plans concerning thousands of disputed facility claims.
  • Provider Reimbursement. Obtained a favorable settlement of all claims for a client laboratory group in arbitration brought against a managed care plan to recover underpaid/unpaid pathology services and testing.