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Archived articles from January 2010
21 articles found
Harvard Medical, Dental, & Public Health Newsletter: Conflict Resolution in Health Care
By Victoria VanBuren - January 29, 2010
by Holly Hayes I recently read a healthcare conflict resolution article in FOCUS, the newsletter of the Harvard Medical, Dental, & Public Health Schools. The article begins with the statement, “Everyone in health care, it seems, has a war story about conflict at work.” In an annual one-week intensive immersion course, Leonard Marcus, who directs the program for Health Care Negotiation and Conflict Resolution at Harvard, and his te
Microsoft Wins Domain Name Arbitration
By Victoria VanBuren - January 28, 2010
A single-member Panel at the National Arbitration Forum decided the domain dispute Microsoft Corporation v. TN Chen, FA0911001296240 (Nat. Arb. Forum Jan. 13, 2010). The Complainant is Microsoft Corporation and the Respondent is TN Chen from China. The domain names at issue are <bing-wallpaper.com> and <bingimg.com>, registered with GoDaddy.com, Inc. “Bing” is the name of Microsoft’s web search engine. ICANN‘s
Internacional: España Inicia Programa de Mediación
By Victoria VanBuren - January 27, 2010
Jose Antonio Garcia Alvaro, de Arbitraje y Mediación (ARyMe) reporta lo siguiente: Cataluña se adelantó –y sigue siendo objetivamente la Comunidad más avanzada y atrevida en materia de mediación de España—, pero Valladolid le sigue la pista en materia de mediación civil, si bien a nivel de proyecto inicial piloto de mediación civil adscrito inicialmente a dos juzgados. Así, Valladolid ha obtenido el visto bueno del Consejo General del Poder Judic
International: Spain Launches Civil Mediation Program
By Victoria VanBuren - January 27, 2010
Jose Antonio Garcia Alvaro from ADR Resources (ARyME) reports: In Spain, Catalonia has always been a step ahead of the rest of the country when it comes to mediation. Catalonia was the first region in the country to pass an act regulating family mediation, and the first ever to legislate civil mediation at large. Valladolid (a province of the larger Castilla-León region) follows suit, and has decided to pilot-test a court-annexed program on civil
U.S. Arbitration and Mediation Legislative Update
By Victoria VanBuren - January 25, 2010
The following bills relating to alternative dispute resolution were introduced by the 111st Congress. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: “An Act Making Appropriations for the Department of Defense for the Fiscal Year Ending September 30, 2010, and for Other Purposes” contains an amen
Mediation in Healthcare: Interview with Healthcare Neutral Richard Webb
By Victoria VanBuren - January 22, 2010
by Holly Hayes I recently conducted a Q & A via email with Richard J. Webb (pictured left) who writes the Healthcare Neutral Blog. Mr. Webb is a graduate of Yale University (B.A., cum laude, 1975) and the Duke University School of Law (J.D. 1978). His additional alternative dispute resolution training currently amounts to 177 hours of classroom time, including 60 hours of advanced mediation courses at the Straus Institute for Dispute Resoluti
More on ‘Bad Faith’ Mediation in Texas
By Victoria VanBuren - January 21, 2010
by Holly Hayes In the Winter edition of the Texas Mediator, Susan Schultz calls for the “mediation community to engage in communal reflection” regarding the passage of the bad faith section of Texas HB 2256 which requires the mediator to report “bad faith mediation”. Overall, the bill provides a procedure for mediation of out-of-network health benefit claim disputes. (read more here) In her article, ‘Bad Faith Mediat
2009 Year-End Highlights: Arbitration and Mediation
By Victoria VanBuren - January 20, 2010
Yesterday’s post concludes our 2009 Year-End Highlights series. If you missed some of the posts, you can find them here or by following the ‘2009 Year-End Highlights’ link on the right, under ‘Categories.’
2009 Arbitration Case Law: Fifth Circuit
By Victoria VanBuren - January 19, 2010
In 2009, the United States Court of Appeals for the Fifth Circuit decided the following arbitration-related cases: In Cont’l Airlines, Inc. v. Air Line Pilots Ass’n, No. 07-20835 (5th Cir. Jan. 13, 2009) the court concluded that the district court had no statutory authority to reverse a reinstatement order issued by the System Board of Adjustment and that its order cannot be sustained on grounds of public policy. In Agere Systems Inc. v. Samsung
Supreme Court Agrees to Hear Arbitration Unconscionability Case
By Victoria VanBuren - January 18, 2010
The U.S. Supreme Court has granted certiorari to Jackson v. Rent-A-CenterWest, Inc. , No. 07-16164 (9th Cir. Sept. 9, 2009). The question presented is whether a district court is in all cases required to determine claims that an arbitration agreement subject to the Federal Arbitration Act (“FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for d
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