ARBITRATION’S KEY ROLE IN RESOLVING EMPLOYMENT-RELATED HEALTH CARE DISPUTES Alan D. Lash1
As the saying goes, “what’s old is new again.” The adage is particularly apropos to employment relationships in the health care industry. In the 1990s, the acquisition of medical practices and the employment and management of physicians was all the rage. That is, until several high profile deals went bust and employers began divesting acquired physician practices, terminating employed physicians, and abandoning the physician practice management business altogether at alarming rates.2
Now, fueled by declines in physician reimbursement, increases in practice costs, and new laws fostering new alignment strategies, the acquisition of medical practices and employment of physicians has experienced an extraordinary rebirth. As they did before, these employment relationships and arrangements will likely lead to disagreements and disputes between the parties. This article explores14 the unique role alternative dispute resolution (ADR), and arbitration in particular, is expected to play in the resolution of inevitable employment disputes in the health care industry.