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Archived articles from September 2009
18 articles found
LinkedIn Commercial and Industry Arbitration and Mediation Group: Update
By Victoria VanBuren - September 14, 2009
On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of the LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here), an open forum for the discussion of industry and commercial ADR. The group is co-managed by Philip J. Loree Jr., Karl Bayer, Don Philbin, Robert Bear, and Victoria VanBuren. We are pleased to share with you that the group has since grown to 292 members.
Industry Responses to Medical Malpractice Reform in President Obama’s Health Care Plan
By Holly Hayes - September 11, 2009
by Holly Hayes President Obama’s Plan on Health Care (discussed here and outlined here) includes a provision on medical malpractice reform that instructs the Secretary of Health and Human Services to award medical malpractice demonstration grants to states funded by the Agency for Healthcare Research and Quality. Following are some responses from industry leaders: American Hospital Association (AHA) President and CEO, Rich Umbdenstock, said
President Obama’s Health Care Speech: Tort Reform Implications to Arbitration and Mediation
By Holly Hayes - September 11, 2009
President Obama’s speech (text is here and videos: Parts I, II, III, IV, and V) to a joint session of the U.S.Congress delivered on September 9, briefly mentioned a proposal to move the medical malpractice lawsuits out of the court system and before mediators, medical expert panels, and arbitrators. Although we have not been able to find out the details of the plan –it appears that it will be announced within a month– here is wh
Disputing Is One of Diane Levin’s 24 Alternative Dispute Resolution Blogs to Follow
By Victoria VanBuren - September 8, 2009
Diane Levin, who maintains the impressive World Directory of ADR Blogs and is the managing editor for the Mediation Channel, has named our blog Disputing as one of her 24 Alternative Dispute Resolutions Blogs to Follow. We invite you to read the post and subscribe to her recommended blogs here. Like Disputing, the Mediation Channel is a Mediate.com Featured Blog. Thank you Diane! Karl Bayer, Alyson Chaky, Holly Hayes, and Victoria VanBuren
Videos of the Congressional Hearing | Arbitration or Arbitrary?: The Misuse of Arbitration to Collect Consumer Debts
By Victoria VanBuren - September 7, 2009
As discussed in our previous posts (here, here, and here) a U.S. Congressional Hearing on consumer debt arbitration was held on July 22, 2009 in Washington D.C. We thought that you might be interesting in watching these videos. Part 1 Part 2 (please fast forward 4:40 minutes) Technorati Tags: arbitration, ADR, law, consumer arbitration
Legislating ‘Bad Faith’ in Mediation
By Holly Hayes - September 4, 2009
By Holly Hayes Steve Mehta wrote a thoughtful and thought-provoking post on bad faith mediation on his blog Mediation Matters. Mr. Mehta references HB 2256, a Texas law that addresses three things as bad faith: failure to participate, failure to have a full authority representative present, and failing to provide necessary information. It authorizes the mediator to report this conduct. Mr. Mehta notes, “Interestingly, I do not think a statu
FEMA Creates New Arbitration Procedure for Claims Related to Hurricanes Katrina and Rita
By Victoria VanBuren - September 2, 2009
As announced by U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano, U.S. Senator Mary Landrieu of Louisiana and Federal Emergency Management Agency (FEMA) Administrator Craig Fugate, (see press release here) FEMA created a new arbitration process to expedite resolution of outstanding public assistance projects stemming from hurricanes Katrina and Rita. The administrative rules to govern this new arbitration process were publish
GUEST-POST PART IVA | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - September 1, 2009
Part IVA: Who Decides? By Philip J. Loree Jr. I. Introduction In Part III (here) we examined the background of Stolt-Nielsen and identified four issues that the United States Supreme Court will likely confront when it decides the case. In this part IVA we consider the first issue: Who decides whether class arbitration can be imposed on the parties when their arbitration agreements are silent on that point? Put differently, is the question one of
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