Can healthcare regulatory agencies come to the table as a party with negotiable interests?
Comments: Only one of the 15 agencies responding participates as a party with distinct interests in an interest-based negotiation model. This is infrequent and is used only in certain circumstances. Two other agencies use a process where the agency is represented informally with the power to veto any agreement that seems to be “going off the rails” or varying from what they see is the correct resolution. It seems that the goal of ‘protecting the public’ can lead to processes which prevent direct participation by the parties, such as occurs in a mediation process. It will be instructive to look at other types of organizations with a statutory mandate to resolve disputes in the public domain, such as the Environmental Protection Agency, to see if there is a similar reluctance to enter into an interest-based ADR process with specifically defined interests. Question Three: Is it still ADR if the originator of the complaint is excluded from the process? Comments: It is extremely unusual for
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