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Conciliation is the term used in the National Health Service to describe a particular form of dispute resolution that is used in relation to the complaints process. Conciliation has uses beyond the resolution of complaints. It can be of value in any situation where the clinical relationship has broken down. Equally, it may be used in an attempt to restore relationships as part of conflict management, either within the NHS or in other organisations where conflict or disagreement exists. This concise, practical guide clearly sets out the role of conciliation, and dispels the many misconceptions surrounding procedures and expectations. Conciliation in Healthcare provides invaluable resources for all healthcare staff involved in complaints, either from an operational, strategic or academic perspective. This includes conciliators themselves and those involved in their training, and staff with specific responsibilities for implementing complaints procedures, both in the public and private sectors. It's also highly recommended for those who provide advocacy and support for complainants, as well as those against whom complaints have been made.
Prior to re-structuring of hospitals into regional and then District Health Boards in the 1990s, the Victoria General Hospital (VG) fell within the mandate of the Civil Service Collective Bargaining Act and therefore, there was no right to strike at the VG. [...] Because of the structure of the provincial healthcare system and the unique and specialized services that are provided through the institutions that make up the Capital District Health Authority, a strike in that district is certain to have far-reaching impact province-wide. [...] The second way in which "essential services" gets used is to describe the legislation that five provinces and the federal government have put in place to limit the right to strike by requiring the continuing provision of a level of service that is deemed essential. [...] These options are summarized below: 1. Conciliation The conciliation process starts with the appointment of a Conciliation Officer by the Minister and culminates in an Officer's report to the Minister if the parties are deemed by the Conciliator to have reached an impasse in their bargaining. [...] Neither the Minister nor the Board has the statutory authority to make the decision of the Board binding.
This manual succinctly distills academic principals of alternative dispute resolution and conflict engagement for the healthcare provider, teaching critical information needed by every medical technician, nurse, doctor and administrator. The manual is both a reference and action tool for skills development, providing guidelines, methods, techniques and simple reproducible outlines to master communication. The provider will succeed in managing daily disagreements between staff, partnership conflicts, struggles with high conflict personalities, medical business contract negotiations, and tort claims management. This information is necessary for all medical practitioners, from student through seasoned provider, regardless of their roles and responsibilities in the medical organization. The Healthcare Practitioners Guide to Conflict Engagement and Dispute Resolution improves the quality of deliverable medical outcomes, patient safety and communication after adverse events. Implementation of these skills by the reader rewards the practitioner's sense of harmony and professional fulfillment. In a healthcare system dynamically changing and embroiled in complex and protracted conflict, the professional who incorporates these guidelines will control difficult conversations as a leader, artfully influencing the behavior of their opponents in a dispute, accomplishing the mission and vision of the Provider. These leadership skills extend into every aspect of professional relationships for medical technicians, nurses, mid-levels, physicians, and healthcare administrators. Any practitioner involved in or concerned about disclosing an adverse event or outcome to a patient and family, a medical malpractice lawsuit, a medical or specialty board inquiry through a licensing agency, or a medical staff challenge of competency, must read this book. All providers named as a party to a mediation or arbitration should reference this text for insight and guidance during these legal proceedings. These actions have a significant impact on our clinical practices and our ability to practice medicine. This all-inclusive resource is the only book the medical practitioner will need to navigate difficult conversations and become empowered during negotiations of contracts, tort claim lawsuits, and business disputes that interrupt the providers ability to practice safe and compassionate medicine.
The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.