“The key to being an effective mediator is building relationships. Throughout my career, I have established credibility and trust with everyone with whom I have interacted by acting with integrity, by listening carefully, and following through on my commitments. I bring these same skills and character traits to the role of mediator. I will devote the time, energy, and creative problem-solving skills to resolve the parties’ disputes without litigation.”

About Kim F. Bixenstine, Esq.

Kim Bixenstine has more than 35 years’ experience that equip her to facilitate the resolution of a wide range of civil disputes. She is a member of the American Arbitration Association’s national panels for mediators and arbitrators for both health care and employment disputes. Based on her expertise in health law, in September 2021, she was named Leader-in-Residence for Health Law & Policy for Cleveland-Marshall College of Law of Cleveland State University.
Work History
 
Bixenstine Resolutions, LLC–Co-Owner and Member, 2019-present; University Hospitals–Chief Compliance Officer, 2015-2019, Vice President & Deputy General Counsel (in charge of claims, litigation and risk management), 2003-2015; TRW, Inc.–Vice President and Chief Litigation Counsel, 2001-2003, Senior Counsel, 1999-2001; Jones Day–Partner (Litigation Group/Product Liability Section), 1991-1999, Associate (Litigation Group), 1983-1991; U.S. District Court, S.D. Ohio—Law Clerk for The Honorable David Porter, 1982-1983.


Experience
 
Over 35 years of litigation, litigation management and compliance experience handling complex health care, medical malpractice, False Claims Act, qui tam, Stark/Anti-Kickback, HIPAA, product liability, pharmaceutical, employment, commercial/business, antitrust, and environmental disputes.
Served as Chief Compliance Officer in charge of compliance and ethics for University Hospitals, a major health care system with over $4B in revenue, 27,000 employees, over 2500 physicians, an academic medical center, 11 community hospitals, 2 large joint venture hospitals, home care and hospice services, and affiliated health-care entities. Reported to CEO and Audit & Compliance Committee of the Board in this role.  While in this role, the organization was awarded Ethisphere’s award as one of the World’s Most Ethical Companies all four years.  Before that, served as Vice President & Deputy General Counsel of same health care system, in charge of claims, litigation and risk management. Established a best-in-class claims & litigation and risk management function and handled a wide range of matters including medical malpractice, employment, contract, antitrust, business/ commercial, physician peer review, governance, general liability, insurance, False Claims Act, Stark/Anti-Kickback, and HIPAA matters.  
 
Prior to that, served as Vice President and Chief Litigation Counsel for a TRW, Inc., a Fortune 500 company, and before that as a litigation partner at Jones, Day. In those roles, handled extremely complex matters, such as major government investigations, environmental, high-stakes business, and multi-party and multi-state product liability matters.  Following Law School, served as Law Clerk to The Honorable David Porter, S.D. Ohio.
 
Currently serves as Leader-in Residence for Health Law & Policy for Cleveland-Marshall Law School, Cleveland State University.


Mediation & Arbitration
Experience
   
Experience mediating numerous health care disputes (including medical malpractice, wrongful death, nursing home and assisted living matters), employment matters (including all types of discrimination, wrongful discharge, compensation matters, and class actions), business/commercial and property damage matters. Experience includes mediating multi-party and class action disputes.
Extensive mediation experience (over 100 cases) as an advocate and party/executive prior to becoming a neutral, including all types of medical malpractice cases, e.g., birth injury, wrongful death, paralysis, psychiatric and long-term care facility matters; employment disputes, including executive compensation, wrongful discharge, and gender, race, disability and age discrimination matters; business and commercial disputes of all kinds, including engineering, IT, general business, antitrust, marketing and fraud issues; qui tam and fraud and abuse matters; and environmental matters.

Arbitration experience as advocate and party-executive prior to becoming a neutral includes complex business and executive compensation disputes. 


Alternative Dispute
Resolution Training


Arbitration Fundamentals and Best Practices for New AAA Arbitrators, Dec. 2021; American Arbitration Award Writing: Safeguarding, Deciding & Writing Awards, Dec. 2021; Addressing the Challenges of Demanding Arbitrations–Parts 1 and 2, 2021; Straus Institute for Dispute Resolution, Pepperdine University School of Law, STAR Training:  A Systematic Approach to Mediation Strategies, June 25-27, 2015; Impasse:  Mediating in the Red Zone, 2015; Using Trial Techniques Effectively to Resolve Cases During Mediation, 2019; The ADR Tool Kit, 2020; Are Mediation and Arbitration Really Private, 2020; The Intersection of ADR and Adjudication in the Federal Opioid MDL, 2021; The Disappearing Jury Trial, 2021.


Mediation Philosophy     

Each party is provided the opportunity to express their positions and the bases for their views.  I then raise questions and share opposing party’s views to help all parties understand the weaknesses in their positions and the risks of litigation.  I ask the parties to agree at the outset of the mediation not to leave the mediation until I have agreed that the parties have reached impasse, because we can often find ways to overcome the obstacles to resolution.  I will be evaluative if requested to give my opinion by counsel or a party, and when I believe it would assist resolution.


References

1. Jeffrey Van Wagner, Managing Shareholder, Bonezzi Switzer Polito & Hupp, JVanWagner@bsphlaw.com, 216-875-2061
2. William B. Eadie, Eadie/Hill Trial Lawyers, William.eadie@eadiehill.com, 216-777-8856
3. Patrick Murphy, Dworken Law Firm, pmurphy@dworkenlaw.com, 216-861-4211
4. James L. Simon, Law Offices of Simon & Simon, jsimon@bdblaw.com, 330-643-0268
5. Samuel Meadows, Reminger Co., L.P.A., smeadows@reminger.com, 216-430-2267.


Professional Licenses

Admitted to the Bar:  Ohio (1982).


Professional Associations

Cleveland Metropolitan Bar Association—ADR and Health Law Sections.


Education

University of Chicago, J.D. 1982; Middlebury College, B.A. Political Science and French, summa cum laude 1979.


Awards

Marquis Who’s Who Lifetime Achievement Award, 2020; Medical Mutual/Smart Business Non-Profit Executive of the year, 2017; YWCA Woman of Achievement Award, 2013; Cleveland Metropolitan Bar Association President’s Award, 2013; Crain’s Cleveland Business Outstanding In-House Counsel Award, 2013; Leadership Cleveland Class of 2009.