Mitigating Uncertainties of Cross-Border Litigation through Alternative Dispute Resolution

    March 2014

    As Featured in Medical Tourism Magazine

    The recently published online edition of Medical Tourism Magazine includes an article by Squire Sanders partner Scott A. Edelstein and healthcare fellow Lindsay Holmes, “Mitigating Uncertainties of Cross-Border Litigation through Alternative Dispute Resolution.”

    The article explores a number of alternatives to resolving disputes outside of court. Although mediation and arbitration are not always the best approaches to resolving all disputes, they do have the potential to provide a less costly and more cooperative means of resolving disagreements than traditional methods. In the case of medical tourism, where disputes can arise across state or international borders, medical travel facilitators should consider the benefits and risks of alternative dispute resolution (ADR). The authors also take a closer look at how mediation, arbitration and possibly even good-faith negotiations can help those in medical tourism who routinely engage in contractual relationships with other parties. 

    As it relates to ADR, they look at a number of specific considerations. For example, when drafting a pre-dispute agreement, the parties should thoughtfully consider the types of dispute that would be subject to arbitration, the type of arbitration, the method of selecting the arbitrator(s), and the location of the arbitration. Based on these considerations, parties can decide whether ADR is the right resolution option for their particular situation.