8125

• UCREFRP Catalog Number: 8125
• Author: Moore, C. W.
• Title: Editor
• USFW Year: Series
• USFW - Doc Type: 1986
• Copyright Material: YES

2 The Mediation Process
more, to fill the respective positions of pediatrician and gyne-
cologist. The fact that the doctors were married did not seem to
be a problem at the time they were hired.
Fairview Clinic liked to keep its doctors and generally
paid them well for their work with patients. The clinic was also
concerned about maintaining its patient load and income and
required each doctor joining the practice to sign afive-year con-
tract detailing what he or she was to be paid and what conditions
would apply should the contract be broken by either party. One
of these conditions was a no-competition clause stating that
should a doctor choose to leave the clinic prior to the expira-
tion of the contract, he or she could not practice medicine in
the town or county in which the Fairview Clinic was located
without paying a penalty. This clause was designed to protect
the clinic from competition and to prohibit a doctor from join-
ing the staff, building up a practice, and then leaving with~his or
her patients to start a private competitive practice before the
term of the contract had expired.
When Andrew and Janelle joined the Fairview Clinic
staff, they both signed the contract and initialed all the clauses.
Both doctors performed well in their jobs at the clinic and were
respected by their colleagues and patients. Unfortunately, their
personal life did not fare so well. The Whittamores' marriage
went into a steady decline almost as soon as they began working
at Fairview. Their, arguments increased, and the amount of ten-
sion between them mounted to the point that they decided to
get a divorce. Since both parents wanted to be near their two
young children, they agreed to continue living in the same
town.
Since each physician at the clinic had a specialty, they all
relied on consultations with their colleagues. Thus, some inter-
action between the estranged couple was inevitable. Over time
the hostility between the couple grew to such a point that the
Whittamores decided one of them should leave the clinic, for
their own good and that of other clinic staff. Since they be-
lieved Andrew, as a pediatrician, would have an easier time find-
ing patients, they agreed that he was the one who should go.
Andrew explained his situation to Singson and noted that