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Archived articles from February 2010
18 articles found
Applying Conflict Resolution Skills in Health Care PART III: Focus on Interests, Not Positions
By Victoria VanBuren - February 26, 2010
By Holly Hayes Our health care conflict resolution series began with Part I, applying the “principled negotiation” method to health care (post available here) and followed with Part II, examining a case study of “Separating the People from the Problem” (post available here). In this post, let’s take an example of a physician and a hospital group negotiating to buy the physician’s practice to see how “positional bargaining” results in failure to f
U.S. Arbitration and Mediation Legislative Update
By Victoria VanBuren - February 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
Prawfsblawg: Allocating Power Between Courts and Arbitrators – and Why Scholars of Federal Courts Should Care
By Victoria VanBuren - February 23, 2010
Aaron Bruhl (pictured left) Professor at the University of Houston Law Center, has posted this interesting commentary at the Prawfsblawg yesterday about Rent-A-Center v. Jackson, the upcoming U.S. Supreme Court case about whether courts or arbitrators should decide the issue of unconscionability. (previously discussed here). Here is an excerpt: The Federal Arbitration Act makes arbitration agreements as enforceable as all other contracts. In Apri
LinkedIn Post | International Commercial Mediation: only lip service?
By Victoria VanBuren - February 22, 2010
Karl came across this interesting comment by Jose Antonio Garcia Alvaro, posted at the ADR Resources Dispute Resolution and Mediation LinkedIn Group. I just received and read the 2009 statistical report of the Arbitration Institute of the Stockholm Chamber of Commerce, an institution that ranks among the best in the world according to several surveys. http://www.sccinstitute.se/filearchive/3/31104/SCC_Statistical_Report_2009.pdf As you will see,
Applying Conflict Resolution Skills in Health Care PART II: Separate the People from the Problem
By Victoria VanBuren - February 19, 2010
By Holly Hayes Last week, we started our health care conflict resolution series with applying the principled negotiation method to health care (post available here). Principled negotiation involves: Separating the people from the problem. Focusing on interests, not positions. Generating a variety of possibilities before deciding what to do. Insisting that the result be based on some objective standard. This post will focus on “separating the peop
ABA Section of Intellectual Property | Complex Patent Suits: The Use of Special Masters for Claim Construction
By Victoria VanBuren - February 18, 2010
The following is an excerpt from “Complex Patent Suits: The Use of Special Masters for Claim Construction” by Neil A. Smith published at Landslide by the ABA Section of Intellectual Property Law. When a complex patent infringement case arises, it can be in the client’s or the court’s best interest to bring in an expert on patent law and technology—as a special master—to assist the judge. Special masters can provide value to all partie
GUEST-POST | When Not To Negotiate: My Tree, My Neighbor’s House
By Victoria VanBuren - February 17, 2010
By John DeGroote How do you negotiate with your neighbor as your tree sits on his roof? The subject line only read “Tree Down,” but I began to wonder. The irony wasn’t lost on me as I scanned the rest of the message. A storm, our tree, our neighbor’s house, and a scramble to respond — all as I sat in a seminar on advanced dispute resolution techniques two time zones away. I was soon reminded of a valuable lesson in negotiation that most people ne
The Corporate Counsel International Arbitration Group Works to Reform International Arbitration Process
By Victoria VanBuren - February 16, 2010
The following excerpt is from David Hechler, published by Corporate Counsel: The global recession has led to a spike in cross-border commercial disputes, which in turn has led to a rise in international arbitration. But even as more companies turn to arbitration, many in-house lawyers complain that the process, at its worst, can be as costly and time-consuming as litigation. Now an advocacy organization called the Corporate Counsel International
Texas Appeals Court Finds No ‘Meeting of the Minds’ in Dispute Over Mediation Cancellation Fee
By Victoria VanBuren - February 15, 2010
[Ed. note: hat tip to our blog contributor Don Philbin.] The Fourteenth Court of Appeals of Texas held that silence does not create a contract to pay a mediation cancellation fee. In The Levin Group, PC v. Sigmon, no. 14-08-01165-CV (Tex.App.-Houston [14th Dist.] Jan. 21, 2010) the Levin Law Group, P.C. (LLG) sued Ernesto de Andre Sigmon for breach of an agreement to mediate the underlying civil lawsuit. Alan F. Levin, the principal at LLG, was h
Applying Conflict Resolution Skills in Health Care PART I: Principled Negotiation Method
By Victoria VanBuren - February 11, 2010
By Holly Hayes Difficult situations arise every day in the health care setting, between staff and patients, between staff and family members, between physicians and nurses, between staff and administration. In the national bestseller, Getting to YES, a universally applicable method for addressing conflict resolution is offered by Roger Fisher and William Ury. This post, the first in a five-part series, applies this method specifically to healthca
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