Van Winkle • Baten Dispute Resolution

A dispute arose among three members of a 40-50 physician multi-specialty group practice, which also owned and operated an out patient surgery center, a radiology imaging center, a radiation oncology center, a clinical laboratory and a medical office building. The physicians were organized into various group practices and three members formed a radiology practice which also owned its imaging center. Two of the members voted to terminate the third under authority of the applicable operating agreement. The mediation involved extended and detailed negotiations concerning how the sub group could divide, with each continuing to serve patients of the master group and how assets and revenues should be distributed.