Abinovich-Einy addresses several constituencies operating at the meeting point of alternative dispute resolution (ADR), communication theory, healthcare policy, and medical-malpractice doctrine. From an ADR perspective, the need for, and barriers to, addressing non-litigable disputes, for which the "alternative" route is the only one, is explored. It is shown that ADR mechanisms may not take root when introduced into an environment that is resistant to collaborative and open discourse without additional incentives and measures being adopted.
Escaping the Shadow of Malpractice Law,
74 Law and Contemporary Problems
Available at: https://scholarship.law.duke.edu/lcp/vol74/iss3/10