Alternative ways to resolve contract disputes: implications for pharmacists, facilities, and patients.
Alternative dispute resolution (ADR) has been developed as an alternative to going to court to resolve disputes. Arbitration and mediation are the two most common forms, with arbitration involving a neutral third party who decides the controversy, the award being either binding or nonbinding on the parties base d on prior agreement. Mediation also involves a neutral third party, but the decision comes from the parties themselves reaching an agreement, with the mediator focused more on the process of securing a meeting of the minds. With the growing prevalence of ADR, pharmacists may encounter provisions in contracts-in either professional or personal life-so it is important that they understand the implications of such provisos. Pharmacists who serve patients in long-term care facilities also should be aware of the increasing use of provisions in patients' contracts with the institution and know how courts view those agreements. ADR is being encountered with increasing frequency, and by being familiar with the two most common approaches, pharmacists can keep abreast of developments and work to avoid pitfalls while adopting these approaches to resolve disputes in appropriate circumstances.
College of Pharmacy, University of Kentucky, 789 S. Limestone St., Lexington, KY 40536-0596, USA. jfink@uky.edu
Joseph L
JL
Fink
D003284:Contract Services / Q000331:legislation & jurisprudence; D032982:Contracts / Q000331:legislation & jurisprudence*; D006801:Humans; D008134:Long-Term Care / Q000331:legislation & jurisprudence / Q000458:organization & administration; D017008:Negotiating / Q000379:methods*; D010595:Pharmacists / Q000458:organization & administration