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Archived articles from 2009
224 articles found
AAA Announces Non-Binding ADR Services
By Victoria VanBuren - May 11, 2009
The American Arbitration Association recently introduced Non-Binding Resolution Services (arbitration and mediation) for disputes between businesses & consumers and employers & employees. Technorati Tags: arbitration, ADR, law, mediation, non-binding arbitration, consumer arbitration, employee arbitration
George McGovern Opposes the Employee Free Choice Act
By Victoria VanBuren - May 8, 2009
Yesterday, former Democratic senator and presidential candidate George McGovern spoke out against the Employee Free Choice Act of 2009 (S. 560, status, previously blogged here): Last year, I wrote on these pages that I was opposed to this bill because it would eliminate secret ballots in union organizing elections. However, the bill has an additional feature that isn’t often mentioned but that is just as troublesome — compulsory arbit
U.S. Senate Introduces Its Own Version of the Arbitration Fairness Act
By Victoria VanBuren - May 7, 2009
Last week, the U.S. Senate introduced its own version of the “Arbitration Fairness Act of 2009” (H.R. 1020, status). The new bill ( S. 931, status), also titled “Arbitration Fairness Act of 2009,” is similar, but not identical to H.R. 1020. The Senate bill is discussed in detail by Philip J. Loree Jr. in The Senate Weighs in With Its Own Arbitration Fairness Act. Previous Coverage: Myths of Consumer Protection Law (May 4)
Report Recommends ADR Processes
By Victoria VanBuren - May 6, 2009
Via the ADR Prof Blog, we learned that the American College of Trial Lawyers Task Force on Discovery and the Institute for the Advancement of the American Legal System released a report on March 11, 2009. The report recommends, among other things, that courts raise the possibility of pre-trial mediation and other alternative resolution processes. The full report is here . Technorati Tags: arbitration, ADR, law,
Read Our Guest-Post: Hall Street Meets S. Maestri Place
By Victoria VanBuren - May 5, 2009
We invite you to read our recent guest-post at the Loree Reinsurance and Arbitration Law Forum. Introduction by Philip J. Loree Jr: Guest Blogger Victoria VanBuren Discusses the Role of Federal Arbitration Act Section 10(a)(4) After Citigroup Global Markets, Inc. v. Bacon Guest-Post: Hall Street Meets S. Maestri Place: What Standards of Review Will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup? Technorat
U.S. Supreme Court Decided Arthur Andersen Case Today
By Victoria VanBuren - May 4, 2009
Today, the U.S. Supreme Court decided Arthur Andersen LLP v. Carlisle, No. 08-146. One of the issues resolved by the Court is whether a contract to arbitrate a dispute is enforceable by a nonsignatory party to the agreement. The text of the opinion is here. We will blog on this case after we read it.
Myths of Consumer Protection Law
By Victoria VanBuren - May 4, 2009
As previously blogged here, the debate over predispute arbitration clauses in contracts between businesses and consumers, employees, and franchisees is heating up. Supporters of the Arbitration Fairness Act of 2009 held a press conference last week on “Fairness Arbitration Day.” See related posts after the jump. In contrast, Professor Omri Ben-Shahar from the University of Chicago, spoke recently on the “Myths of Consumer Protec
Karl Bayer Announces Addition of Health Care Disputes Expert
By Victoria VanBuren - May 1, 2009
Holly Hayes has joined the team of Karl Bayer, Dispute Resolution Experts. Holly received a Masters in Health Administration from Duke University and her BA from Southern Methodist University. Holly brings a strong hospital operations background to medical malpractice mediations including a focus on clinical quality. Holly managed her own consulting firm for eight years with consultations including development of clinical service line toolkits; w
State Bar of Texas Annual Meeting and CLE on June 25-26 in Dallas
By Victoria VanBuren - April 30, 2009
Need CLE credits? The State Bar of Texas Annual Meeting and CLE will take place on June 25-26, 2009 at the Hilton Anatole in Dallas. The Alternative Dispute Resolution Section Program will be on June 25. Visit this link for more information. Technorati tags: arbitration, ADR, law, State Bar of Texas CLE
Arbitration Fairness Act of 2009: Analysis
By Victoria VanBuren - April 29, 2009
“Arbitration Fairness Day” is today (see background here and here). O. Russel Murray wrote an interesting analysis on the Arbitration Fairness Act of 2009 (a.k.a. H.R. 1020; the status of the bill is here). He acknowledges that there have been some problems with mandatory arbitration within the context of employment, consumer, franchises, and civil right claims. However, Mr. Murray believes that the Arbitration Fairness Act might be w
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