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Archived articles from January 2010
21 articles found
GUEST-POST | 210 Billion Emails Sent Each Day –It’s Time to Use eMediation or Special Masters in eDiscovery – Webcast on February 16, 2010 (State Bar of Texas CLE)
By Victoria VanBuren - January 15, 2010
by Peter S. Vogel Recent surveys indicate that there are over 210 billion emails sent each day, which does not include the more than 1 trillion text messages sent in 2008. eDiscovery has impacted every lawsuit in every courthouse, and with this unbelievable number of emails and text messages litigation will never be the same. After the Guest Post last November about Allison Skinner’s Brilliant idea about eMediation, Allison and I have received gr
International: Why Further Development of ADR in Latin America Makes Sense
By Victoria VanBuren - January 14, 2010
We came across a very interesting article entitled “Why Further Development of ADR in Latin America Makes Sense: The Venezuelan Model,” by Jose Alberto Ramirez Leon, 2 Journal of Dispute Resolution 399 (2005). The article provides an overview of the problems with the Venezuelan system of justice, ADR developments in the country, obstacles for further development of ADR in Venezuela, and proposals to overcome those obstacles. Here is a
2009 Disputing Featured Blog Posts at Mediate.com
By Victoria VanBuren - January 13, 2010
During 2009, Disputing became a mediate.com Featured Blog. You may find our posts here and here. Technorati Tags: ADR, law, mediation
Settle It Now Negotiation Blog: Ten New Year’s (Dispute) Resolutions for 2010
By Victoria VanBuren - January 12, 2010
Victoria Pynchon at Settle It Now Negotiation Blog wrote these thoughtful New Year’s Resolutions. Check them out! I will practice restraint of tongue and pen When my anger flashes, I will pause to remember that behind every accusation is a plea for help When in the midst of a rancorous debate, I will remember to ask for the story behind the opinion I will remember that each of my fellows is struggling with burdens that, if known, would caus
Dispute Resolution Journal Article: Decisional Errors
By Victoria VanBuren - January 11, 2010
The November 2009/January 2010 edition of the Dispute Resolution Journal features “Decisional Errors: Why We Make Them and How to Address Them” written by Disputing‘s contributor Don Philbin. Find Don’s excellent article here. On a related note, Don has recently started sharing his well-known Tweets at his new blog ADR Highlight Reel. Check it out!
2009 Developments in Mediation: Joint Commission Standard on Code of Conduct
By Victoria VanBuren - January 8, 2010
by Holly Hayes Health care leaders have known for years that disruptive behaviors are a serious problem. Verbal outbursts, refusing to take part in assigned duties and condescending attitudes all create breakdowns in the teamwork, collaboration and communication needed to deliver patient care. A study by The Institute for Safe Medication Practices (ISMP) found that 40 percent of clinicians have remained passive or kept quiet during patient care e
GUEST-POST PART II | Employment Arbitration: Short-Term Value but Long-Term Harm
By Victoria VanBuren - January 7, 2010
by F. Peter Phillips This post continues Part I. As drafted, the Arbitration Fairness Act of 2009 (House Bill 1020) would amend Section 2(b) of the FAA to render invalid any pre-dispute arbitration agreement that purports to require arbitration of “an employment, consumer, or franchise dispute.” (“Franchise dispute?” How did that get in there? I would have thought that, subject to FTC regulation and state disclosure requirements, franchise is a p
GUEST-POST PART I | Employment Arbitration: Short-Term Value but Long-Term Harm
By Victoria VanBuren - January 6, 2010
by F. Peter Phillips One hot, lonely summer day in 1958, at our rural home near Crozet, Virginia, I was working on an 8-year old’s project: dislodging a big quartz rock that was buried in the gravel driveway. After a few hours I realized the trowel just wouldn’t do the job. So I found a wood chisel in my Dad’s tool chest. “Ah-ha!” I thought, “This is just the thing! I’ll reduce it to bits and dislodge it a chunk at a time!” By the time Dad got ba
On the International News: Mediation in Hong Kong
By Victoria VanBuren - January 5, 2010
Karl Bayer came across this interesting recent reform affecting the resolution of disputes in Hong Kong: Judiciary makes case for mediation Monday, January 04, 2010 Mediation, a process that aims to resolve disputes and keep them out of the courts, takes another step forward today with the Judiciary opening an information office on the practice.The Mediation Information Office has been established under the Judiciary’s Practice Direction 31
Professor Alan Scott Rau Comments on Dealer Computers v. Old Colony Motors
By Victoria VanBuren - January 4, 2010
by Alan Scott Rau Can this possibly be right? For one thing, I would have thought that ordering the payment of a deposit should be a matter for the court, not the arbitrator: It seems to be a question of whether and how to “order the parties to arbitration in accordance with their agreement” under section 4 of the FAA—-not a question of the “procedure” for the arbitration. What if the respondent is challenging the very existence of an arbitration
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