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Archived articles from May 2009
21 articles found
Fifth Circuit: Sham Arbitration Cannot Be Used to Perform an Unlawful Transfer
By Victoria VanBuren - May 29, 2009
In a one-paragraph opinion, the U.S. Court of Appeals for the Fifth Circuit held that arbitration cannot be used to circumvent procedural requirements of the Texas Structured Settlement Protection Act (“SSPA”) and affirmed the District Court’s refusal to confirm an arbitration award. In Symetra Life Ins. Co. v. Rapid Settlements Ltd., No. 08-20248, Symetra National Life Insurance Company, (“Symetra”) payor of structu
ICANN: Recent Developments in Internet Governance
By Victoria VanBuren - May 28, 2009
As a future computer scientist, it is hard not to write about the most recent issue of Landslide, published by the ABA Section of Intellectual Property Law. The magazine contains an excellent article by Mark V. B. Partridge and Scott T. Lonardo. The authors discuss ICANN‘s recent developments in the Internet domain name system: Domain Name Tasting. In order to decrease the practice of domain name tasting, ICANN has adopted a new policy to l
Texas Legislature Update
By Victoria VanBuren - May 27, 2009
[update: H.B. 2139 passed the House and Senate (with amendments); the amended version was under consideration by the conference committee when the session ended. See here. ] Today, two bills related to ADR were passed by the 81st Texas Legislature: H.B. 1083. The bill, authored by Rep. Gary Elkins, states that “Except as provided by agreement of the parties, a court may not order mediation in an action that is subject to the Federal Arbitra
Victoria Pynchon and the Power of Persuasion
By Victoria VanBuren - May 26, 2009
During this Memorial Day holiday, I came across a very interesting article by Victoria Pynchon, a graduate of the prestigious Straus Institute for Dispute Resolution. The piece is a well-written personal anecdote about her volunteer work during the past U.S. presidential campaign. The lesson? you don’t have to be persuasive to persuade. Here is an excerpt: Funny, but I wasn’t really trying to convince her of anything. We were women ta
Mediation in Healthcare
By Holly Hayes - May 25, 2009
By Holly Hayes While the use of mediation for conflict resolution is gaining strength in a number of industries, a recent accreditation standard (LD.01.03.01) issued by The Joint Commission is expected to prompt hospitals to explore an expanded use of mediation to manage conflict in the healthcare setting. The new Leadership Standard: Conflict Management Standard LD.01.03.01 became effective January 2009. The overall standard states, “The governi
Arbitration of Discrimination Claims: First Post-Pyett Case
By Victoria VanBuren - May 21, 2009
As reported this week by the Workplace Prof Blog, a U.S. District Court in Colorado has issued a decision involving arbitration of statutory claims within the context of a collective bargaining agreement. The case is Mathews v. Denver Newspaper Agency, LLP, 2009 WL 1231776 (D. Colo. 2009). Professor Richard Bales’ analysis of the decision is here: First Post-Pyett Case. Previous Coverage: U.S. Supreme Court Enforces Agreement to Arbitrate D
Judge Sonia Sotomayor on Arbitration
By Victoria VanBuren - May 20, 2009
[Ed. note: Obama nominated Sotomayor on May 26; see Hispanic National Bar Association Press Release] Ever since U.S. Supreme Court Justice David Souter revealed his plan to retire, speculation of possible President Barack Obama‘s picks to replace him has flooded the blogosphere. SCOTUSblog has been profiling the “shortlist” candidates with an analysis of their opinions that intersect the Supreme Court’s decisions. Here is
Linkedin: Commercial and Industry Arbitration and Mediation Group
By Victoria VanBuren - May 19, 2009
We are happy to announce that Disputing has teamed up with the Loree Reinsurance and Arbitration Law Forum to create the Commercial and Industry Arbitration and Mediation Group. The Commercial and Industry Arbitration and Mediation Group is a forum for the open discussion of issues and sharing of information concerning commercial and industry arbitration, mediation and other forms of alternative dispute resolution. We invite you to register here.
Domain Name Disputes: SAP Loses Case Against UniSAP
By Victoria VanBuren - May 18, 2009
The Mediation Process: A Case Study
By Victoria VanBuren - May 15, 2009
If you’d like to know how disputes are successfully resolved by mediation, Peter A. Scarpato had an interesting guest-post at the Loree Reinsurance and Arbitration Law Forum yesterday about how mediation works. The piece provides an invaluable insight into the mediation process by walking the reader through an actual mediation case. Good stuff. Check out the post here: Guest Post – Mediating Reinsurance Disputes: A Case Study. Technor
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