EP40 | Beyond Bioethics: Trust, Stories, and Durable Agreements in Healthcare Conflict

What if the majority of what we call “ethical dilemmas” are really just conflicts in disguise?  In this rich, practical conversation, Dr. Haavi Morreim shares decades of experience as a philosopher-turned-mediator, attorney, and faculty member at UT Health Science Center. She explains how she moved from watching physicians get crushed by malpractice litigation to teaching clinicians the skills that prevent those wars altogether. Key insights include: Why ethics committees and consults often miss the mark when the real issue is conflict The three non-negotiable principles of mediation (no sides, no advice, strict confidentiality) How “trust is the coin of the realm” and how to earn it quickly Why saying “you must” or “you can’t” instantly turns you into “another pair of fists in the fight” Simple, powerful tools every clinician can use: “Tell me more,” affect labeling, exploring the story behind the conclusion, and the anger iceberg Dr. Morreim also recounts powerful real-world cases, including a tragic pediatric accident with divorced parents and a Jehovah’s Witness obstetrics case, to show how durable agreements are built when people feel truly heard. Three Actionable Takeaways Most ethics consults are actually conflict situations. Resolve the conflict first; the “right answer” often becomes obvious. Trust is earned through genuine curiosity, confidentiality, and never taking sides. Never say “you must” or “you can’t” if you want people to own the solution. Simple micro-skills (“Tell me more,” affect labeling, “What’s the story behind that conclusion?”) create breakthrough conversations and prevent escalation in minutes. About the Show:  Behind every procedure, every patient encounter, lies an untold story of conflict and negotiation. Scalpel and Sword, hosted by Dr. Lee Sharma—physician, mediator, and guide—invites listeners into the unseen battles and breakthroughs of modern medicine. With real conversations, human stories, and practical tools, this podcast empowers physicians to reclaim their voices, sharpen their skills, and wield their healing power with both precision and purpose. About the Guest: Haavi Morreim, JD, PhD, is Professor in the College of Medicine at the University of Tennessee Health Science Center and Principal of the Center for Conflict Resolution in Healthcare LLC. With a PhD in philosophy (UVA) and a law degree (University of Memphis), she has spent decades teaching, mediating, and training healthcare professionals in conflict resolution, bioethics, and mediation. She is a Tennessee Supreme Court Rule 31 Listed Mediator and regularly mediates both clinical disputes and litigated healthcare cases. 🔗 Connect with Dr. Haavi Morreim 🌐 Center for Conflict Resolution in Healthcare: healthcare-mediation.net 📘 LinkedIn: linkedin.com/in/haavi-morreim-jd-phd-4a33b974  About the Host: Dr. Lee Sharma is a gynecologist based in Auburn, AL, with over 30 years of clinical experience. She holds a Master’s in Conflict Resolution and is passionate about helping colleagues navigate workplace challenges and thrive through open conversations and practical tools. Connect with Dr. Lee Sharma: 📧 Email: [email protected] 🌐 Website: East Alabama Health - Dr. Sharma   The Scalpel and Sword Podcast is for informational purposes only and does not constitute medical, legal, or professional advice. Always consult a qualified professional regarding your specific situation. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.