Healthcare Dispute Resolution

AAA Healthcare Contract Clauses

ADR clauses

Ensuring your healthcare contracts contain clear and enforceable dispute resolution clauses is key to resolving disputes efficiently. The AAA provides tools such as ClauseBuilder® AI (Beta) to help you draft effective clauses using AI technology. You can also use our ClauseBuilder online tool for more traditional drafting.

Commercial (U.S. domestic) – Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the AAA in accordance with its Healthcare or Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Why Choose the AAA?

Why AAA for Healthcare Dispute Resolution?

Expertise & Experience: The AAA Healthcare Panel—comprising seasoned professionals, including healthcare attorneys, physicians, nurses with law degrees, executives, consultants, and former judges—is carefully vetted for expertise in resolving complex disputes such as billing conflicts, medical malpractice claims, and contract disagreements.

Specialized Rules: Developed with input from our Healthcare Advisory Council, our tailored Payor Provider Arbitration Rules address the unique challenges of healthcare disputes.

Industry Focus: Our processes are designed specifically for healthcare, providing dispute resolution that respects the critical nature of patient care and operational continuity.

Industry-Leading Expertise

Data

Our healthcare arbitration and mediation services provide fair and efficient dispute resolution across the industry.

Download All Stats Data

860 cases

closed in 2025

78% of cases

closed in 2025 settled prior to award

20 months

median time to award for cases with claims $1M+ and closed in 2025

Types of Healthcare Disputes We Handle

Dispute types

The AAA’s healthcare arbitration and mediation services cover a broad spectrum of healthcare disputes, including:

Dispute types

Corporate Transactions

Disputes arising from mergers, acquisitions, and joint ventures within the healthcare sector.

 

Payor-Provider & Managed Care Contracting

Conflicts over contractual obligations, reimbursement, Pharmacy Benefit Management, and service agreements between healthcare payors and providers.

Credentialing & Peer Review

Disagreements involving hospital governing boards, professional standards, and quality assurance. 

Provider Contracts

Issues related to billing practices, service terms, contract performance, and personal service agreements. 

Asset Sales & Outsourcing

Disputes concerning equipment sales, leases, and outsourced healthcare services. 

 

Licensing & Technology

Conflicts involving healthcare technology, software, and licensing arrangements. 

Employment / Workplace & Partnership

Challenges related to employment terms, shareholder rights, or partnership disputes within healthcare organizations. 

The AAA Healthcare Panel of Arbitrators and Mediators

Panel

Real-World Insight

Our panel comprises over 340 industry professionals—including healthcare attorneys, physicians, nurses with legal expertise, and executives—who bring first-hand knowledge of healthcare operations.

Practical Problem Solving

Our panelists excel in resolving disputes ranging from billing issues and contract conflicts to complex pharmacy benefit management claims. 

Collaborative Resolution

With deep industry insight, our panelists work closely with parties to deliver resolutions that protect professional relationships and keep healthcare services uninterrupted. 

Featured Healthcare Panelists

Panelists

Robert J. Fogarty

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Jim Purcell

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Andrew Flake

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Sam Hanson

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Hon. Phylis J. Speedlin (Re

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John Libby

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Jill Winters

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Emily Wey

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AAA Healthcare Advisory Council

Council

  • Jeff Bromme, Esq.
    Executive Vice President and Chief Legal Officer
    AdventHealth
  • Brett Boskiewicz, Esq.
    Counsel 
    McDermott Will & Emery LLP
  • Steven Burstein, Esq. 
    Deputy General Counsel
    UnitedHealthcare 
  • Robert Croft, Esq.
    Associate Vice President, Assistant General Counsel
    Humana 
  • Kimberly Donovan, Esq. 
    Partner
    Squire Patton Boggs (US) LLP 
  • Justin Fineberg, Esq. 
    Partner
    Lash & Goldberg LLP 
  • Christopher Flynn, Esq. 
    Partner 
    Crowell & Moring LLP 
  • Chad Golder, Esq. 
    Deputy General Counsel 
    American Hospital Association 
  • Julie Rapoport Schenker, Esq. 
    Vice President, Deputy General Counsel for Advocacy
    American Hospital Association 
  • Michelle Johnson Tidjani, Esq. 
    Senior EVP and CEO
    CommonSpirit Health
  • James McCarrie, Esq. 
    Senior Counsel
    Aetna/CVS Health
  • Christine McCoy, Esq. 
    Executive Vice President & General Counsel
    Ascension
  • Bryan Orticelli, Esq. 
    Associate Senior Counsel, Legal & Corporate Affairs
    Evernorth Health Services & Cigna Healthcare
  • Archana Rajendra, Esq.
    Vice President, Deputy General Counsel 
    Henry Ford Health – Health Alliance Plan
  • Nicholas Romanello, Esq.
    Executive Vice President & Chief Legal Officer 
    Health First 
  • Jon Rose, Esq. 
    Senior Litigation Counsel 
    HCA Healthcare 
  • Christian Schafer, Esq.
    Managing Counsel 
    Trinity Health 
  • Hon. Myra Selby (Ret.)  
    Chief Equity & Inclusion Officer 
    Ice Miller LLP 
  • Craig Smith, Esq.
    Partner 
    Hogan Lovells
  • Rachel Spitz, Esq.
    Deputy General Counsel 
    UChicago Medicine 
  • Marcie Stephens, Esq. 
    Senior Corporate Counsel – Managed Care Payment Enforcement 
    Community Health Systems 
  • Martin Stillman, MD, JD.
    Mediation & Conflict Resolution Officer 
    Hennepin County Medical Center 
  • Peter Walsh,
    Esq. Partner 
    Hogan Lovells 
  • Paul Weller, Esq.
    Partner 
    Robins Kaplan LLP 
  • Denise Zamore, Esq.
    Chief Legal Officer and Corporate Secretary 
    Agilon Health 

The Latest

News

Implementing Alternative Dispute Resolution Concepts in Healthcare

Documents for Healthcare Arbitration and Mediation

Rules & forms

Healthcare Payor Provider Arbitration Rules and Mediation Procedures

Commercial Arbitration and Mediation Administrative Fee Schedules

AAA Optional Appellate Rules

AAA Healthcare Policy Statement

Expert Resources to Navigate Healthcare Disputes

Resource library

2025 Healthcare Dispute Resolution Infographic

Educational Presentation on Healthcare Dispute Resolution

Frequently Asked Questions

FAQs

What types of healthcare disputes does the AAA handle?

The AAA administers healthcare arbitration and mediation services for a broad spectrum of disputes. These disputes include complex transactions such as mergers, acquisitions, and joint ventures in the healthcare sector; conflicts between healthcare payors and providers, such as claims reimbursement, 340 B programs, licensing, and outsourcing agreements; and technology conflicts around healthcare software and other tech. The AAA also handles employment/workplace and partnership disputes within the healthcare industry. 

The AAA’s national Healthcare Panel includes healthcare in-house and outside counsel, former judges, nurses, administrators, executives, accountants and other healthcare professionals who bring first-hand knowledge and expertise to healthcare arbitration and mediation. 

How much does healthcare arbitration or mediation with the AAA cost?

Healthcare arbitration cases with the AAA include administrative fees and arbitrator compensation and, at times, expenses. Administrative fees are based on the amount of any filed claim or counterclaim and are to be paid by the party bringing the claim or counterclaim at the time the demand or claim is filed. Administrative fees are based on the AAA’s Commercial Arbitration Fee Schedule. To calculate your estimated administrative fees, visit our Arbitration Administrative Fee Calculator. 

Healthcare mediation cases with the AAA require a $250 non-refundable deposit, applied toward the administrative fee, to begin the AAA’s administration of the mediation and appointment of the mediator. The mediator’s compensation rate is listed on the resume included in the mediator’s AAA profile. The AAA administrative fee, split equally by the parties, is $75 per hour billed by the mediator, with a minimum four-hour charge for any mediation. 

What documentation is required to file a healthcare dispute with the AAA?

To file a healthcare arbitration case with the AAA, one party must submit a Demand for Arbitration form, a copy of the arbitration provision naming the AAA or the AAA’s rules from the parties’ contract, and the appropriate filing fee. If the parties did not previously agree to arbitrate, they must provide a Submission to Dispute Resolution form in place of the arbitration provision.

To file a healthcare mediation case with the AAA, one party must submit a Request for Mediation form, a copy of the mediation provision from the parties’ contract calling for AAA-administered mediation, and the appropriate filing fee. The party initiating the mediation shall simultaneously notify the other party or parties of the request. If there is no contract clause providing for mediation with the AAA, the parties must provide a Submission to Mediation form instead.

You can file your case online quickly, easily, and securely using our AAA WebFile® platform. While generally no other documentation is required to initiate a case, the parties can exchange information and documents relevant to the case during the proceedings.

Does the AAA administer large or complex healthcare cases involving multiple parties?

Yes, the AAA regularly administers large and complex healthcare disputes, including those involving multiple parties. The AAA aims to move even the most complex healthcare cases through arbitration fairly and cost-effectively. For payor-provider disputes specifically, the AAA’s Healthcare Payor Provider Rules include procedures that allow related cases to be consolidated and multiple parties to be included in a single arbitration, when appropriate.

Can healthcare providers and insurers include AAA clauses in their contracts?

Yes, healthcare providers and insurers/health plans may include AAA arbitration and mediation clauses in their contracts.

These provisions apply only to disputes that are legally eligible for alternative dispute resolution, and certain matters may not be appropriate for arbitration. Applicable state laws and other legal considerations may also affect the enforceability or scope of such clauses. Parties should consult the applicable AAA Rules and Procedures for additional guidance.

Are AAA arbitration awards binding in healthcare disputes?

Yes, generally, awards in AAA healthcare arbitration cases are final and binding. Under applicable federal and state law, arbitration awards can be enforced in court, with limited grounds to overturn — vacate — them.

How long does a healthcare dispute typically take to resolve with the AAA?

An AAA-administered healthcare arbitration case is typically resolved much faster than the average time it takes for a case to get to trial in U.S. District courts. For awarded cases closed in 2025, the median time to award for large-dollar cases was 20 months, compared to around 34 months for the median time to trial in U.S. District Courts.

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Michelle Skipper

Sarah Burris Clayton