Ayelet Sela, Post-Doctoral Research Fellow, Bar Ilan University Faculty of Law, has published “Can Computers Be Fair? How Automated and Human-Powered Online Dispute Resolution Affect Procedural Justice in Mediation and Arbitration,” Ohio State Journal on Dispute Resolution, Forthcoming.
Continue reading...A United States Court of Appeals for the Fifth Circuit panel has issued an interesting ruling in a case involving arbitration.
Continue reading...On Monday, the United States Supreme Court will hear oral argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., No. 16-712. In the case, the nation’s highest court will consider whether the controversial process that is currently used by the United States Patent and Trademark Office to analyze the validity of and cancel existing patents is constitutional.
Continue reading...S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “Anti-Suit Injunctions in Judicial and Arbitral Procedures in the United States,” 66 American Journal of Comparative Law __ (Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2017-25.
Continue reading...Professor Frederic G. Sourgens, Director of the Oil and Gas Law Center at Washburn University School of Law, has published “Value and Judgment in Investment Treaty Arbitration,” Journal of Dispute Resolution, Vol. 2018, No. 1, 2018.
Continue reading...Philip J. Loree Jr., a partner in the Manhasset, New York based firm of Loree & Loree and contributor to this blog, recently published an interesting article entitled Should States Regulate the Mediation Profession? The article was published in the Winter 2010-2011 edition of NE-ACR News, the newsletter of the New England Chapter of the Association for Conflict Resolution. In the article, Mr. Loree argues “proponents of state licensure [of mediators] should be careful what they wish for,” and that state licensure of mediators would likely target non-lawyer members of the profession. Mr. Loree also discusses three reasons why he believes state licensure would harm both the public and the mediation profession. Additionally, his article expands upon and refines some of the arguments Mr. Loree made in a July 30, 2009 post on his firm’s blog, the Loree Reinsurance and Arbitration Law Forum, entitled Should the States Certify and Regulate Mediators? The article is available here. What are your thoughts? Should states regulate the mediation profession? Technorati Tags: Mediation
Continue reading...by Holly Hayes In September, President Obama authorized the Department of Health and Human Services (HHS) to allocate $25 million for medical liability reform pilot projects. Grant proposals may be submitted beginning December 20 and are due by January 20, 2010. Additional details on the grant application process are available at American Medical News. The purpose of these grants is as follows: This Funding Opportunity Announcement (FOA) solicits applications for planning grants from States and health care systems for patient safety and medical liability innovations that put patient safety first and work to reduce preventable injuries; foster better communication between doctors and their patients; ensure that patients are compensated in a fair and timely manner for medical injuries, while also reducing the incidence of frivolous lawsuits; and reduce liability premiums. States and health systems “will have to collect data to show the innovation worked and had an impact on liability claims and the cost of malpractice insurance, as well as on patient safety. So we are looking at both sides of the equation,” said AHRQ Director Carolyn M. Clancy, MD. “Ultimately, to get a grant under this program, applicants have to evaluate the impact on patient safety. That is the overarching objective.” Technorati Tags: Tort Reform, Healthcare President Obama, arbitration, ADR, law, mediation Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at: holly@karlbayer.com.
Continue reading...by Holly Hayes Medical liability reform has not been an area of focus in the health reform debate since September when President Obama directed the Department of Health and Human Services to provide $25 million for medical liability reform and patient safety planning grants. A Congressional Budget Office (CBO) report, also mentioned on Disputing (post available here) may reinvigorate the medical liability reform debate. Details on this debate and the effect of the CBO report is provided at American Medical News. The CBO report estimates that implementing a nationwide package of tort reform proposals would result in reductions of health care spending of about 0.5 percent or about $11 billion in 2009. This figure represents a reduction of 0.2 percent from lower medical liability premiums and a 0.3 percent reduction from less utilization of health care services. Technorati Tags: Tort Reform, Healthcare President Obama, arbitration, ADR, law, mediation Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at: holly@karlbayer.com.
Continue reading...Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.
Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.