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Get It In Writing – Even At Mediation: Top 5 Lessons from United Health Alliance

Disputes between health care professionals in a small community like Delaware are particularly well-suited for mediation.  The process provides a means for sophisticated litigants to resolve their disputes in private without having to air their “dirty laundry” on the town square.  The Morris James Health Care handshakeTeam routinely urges our clients to participate in mediation in the hopes of avoiding trial.  Mediation works.  But it can be an exhausting process.  At the end of a long mediation that results in settlement, the natural inclination of the parties is to shake hands (or not) and go home with the understanding that the settlement documents will be drafted on another day.  Once upon a time a handshake was all that was required to seal a deal.  The Chancery Court’s recent decision in United Health Alliance, LLC v. United Medical, LLC, however, is a cautionary tale about going home without a signed agreement.  After a brief discussion of this recent Delaware court decision you will find the top 5 takeaways for navigating and avoiding, or successfully mediating, healthcare related disputes. More ›