Catherine RÉGIS, «L'avenir de la résolution des conflits dans le contexte de l'adoption de nouvelles technologies dans le domaine de la santé (The future of conflict resolution in the context of the adoption of new healthcare technologies) », (2016) 3 Ottawa Law Review, disponible sur SSRN: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2754787
English Abstract: In this presentation, Professor Régis will argue that the future of conflict resolution in the adoption of new technologies lies in our capacity to minimize conflict, that is, to develop a new mind-set towards “prevention” instead of “resolution”. She will use the example of the computerization of the health care network in Quebec (Dossier de santé du Québec) to illustrate the interrelation between conflict, achieving the goals of the contractual agreement, and the failure to discuss the collaboration process. She will submit that one of the best options to shift towards prevention is to further implement Partnering schemes in health care projects, especially in the context of complex projects or when risks fluctuate or are not well known. Partnering is a dispute prevention mechanism that aims at building and keeping a collaboration process among stakeholders and employees during the course of a project. It involves putting solid communication strategies in place, defining flexible and fair risk-sharing options and monitoring the evolution of the relationships. While this prevention mechanism is well established in some sectors such as construction and engineering, it remains under-utilized in health care. Dr. Régis will explain what partnering is, what potential and challenges such a dispute resolution mechanism holds as well as its legal value.
This content has been updated on 30 November 2016 at 17 h 09 min.