Arbitration and Mediation (Alternative Dispute Resolution)
KATHERINE
BENESCH has been active in alternate dispute resolution for over twenty five
years and has served as an arbitrator, mediator, referee, special master and
hearing officer in numerous cases of all types. She was recently elected to
the National Academy of Distinguished Neutrals and to the New Jersey Academy
of Mediators and Arbitrators, and was selected as a
Mediator/Arbitrator in the Sandy Voluntary Alternative Dispute Resolution
programs administered by Kenneth Feinberg and by the United States District
Court. Ms. Benesch is certified as a Mediator on the Panel of Mediators for
the United States District Court for the District of New Jersey.
Ms. Benesch serves on the Large Complex Case, Commercial,
M&A/Joint Venture and National Healthcare Arbitration Panels, as well as the
Mediation Panel of the American Arbitration Association. She also is a
member of the Dispute Resolvers Panels of Arbitrators and Mediators
for the American Health Lawyers Association Dispute Resolution Service, and
has served as an arbitrator for the International Centre for Dispute
Resolution and for the International Institute for Conflict Prevention and
Resolution (CPR). Ms. Benesch serves as an arbitrator or mediator in
complex contract cases, involving managed care, hospitals and/or
hospital/physician relationships, networks, billing, bundling, collection
and management services disputes, reimbursement and recoupment (including
Medicare/Medicaid and private insurance), clinical research trials,
pharmaceutical companies, false claims and physician practice group
disputes. She serves as Chair of the Healthcare and Life Sciences Committee
for CPR, and has served as a member of the American Arbitration Association
Healthcare Advisory Council. Ms. Benesch also serves on the CPR
BioTech Distinguished Panel of Neutrals, as well as the CPR Employment, and
Healthcare & Life Sciences Panels.
Ms. Benesch has completed over 150 hours of advanced training in
arbitration and mediation. She also has taught courses to lawyers and judges
on arbitration, mediation, managed care and other specialized topics, and
has addressed a group organized through the International Center for Dispute
Resolution (ICDR) in Buenos Aires, Argentina on alternate dispute
resolution.
Ms. Benesch’s ADR experience includes work as an arbitrator for
the Manville Personal Injury Settlement Trust, a Special Master appointed by
the Court of Common Pleas of Allegheny County, Pennsylvania to decide
medical malpractice cases, a referee deciding Dalkon Shield cases in the
program administered through the Private Adjudication Center at Duke
University, a mediator for United States Arbitration and Mediation and as an
arbitrator and mediator for the Lawyers Dispute Resolution Program of the
New Jersey State Bar Association.
Ms. Benesch was appointed by the Supreme Court of New Jersey to
serve as Chair of the state’s District VII Fee Arbitration Panel, by the
Administrative Judge of the Court of Common Pleas of Allegheny County to a
Special Committee on Medical Malpractice ADR to devise procedures for the
Court, and has worked with U.S. Arbitration and Mediation to design
procedures for mediation of disputes between hospitals, medical staffs and
physicians. She has arbitrated and mediated disputes in all kinds of cases
in New Jersey referred by the New Jersey Superior Court and the United
States Federal District Court. Ms. Benesch has served on panels with federal
and state court appellate judges (retired), and as the sole arbitrator in
cases that concluded in the settlements of $200M, $50M and $25M
lawsuits involving managed care and other healthcare issues.
In addition to her work in healthcare ADR, Ms. Benesch has
successfully mediated shareholder disputes, as well as a long-standing
dispute in federal court between an individual, who believed that music he
wrote had been stolen by 2 hip-hop Grammy Award-winning musicians and
a world-wide record corporation.