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Archived articles from March 2010
22 articles found
ABA Section of Dispute Resolution Spring Conference | San Francisco, April 8-10
By Victoria VanBuren - March 17, 2010
Mark your calendars! the ABA Section of the Dispute Resolution’s 12th Annual Spring Conference is just around the corner: Section of Dispute Resolution Spring Conference April 8 – 10, 2010 Hyatt Regency Embarcadero San Francisco, CA To view the conference website, click here. To download the conference brochure and registration form, click here. Karl will be attending the conference and will be happy to meet you! please let us know if
Healthcare Neutral ADR Blog: If the Health Care Reform Debate Was Mediated…
By Victoria VanBuren - March 16, 2010
By Holly Hayes Richard J. Webb, a guest-blogger on Disputing and author of the Healthcare Neutral ADR Blog, featured last week an excellent post on how the health care reform debate would look if it was mediated. Here is an excerpt: …. Leaving aside all of the ways in which the healthcare reform debate does not resemble the setting required for effective mediation, I began to imagine what I would do if thrust into a room with a commitment f
ABA 2010 Winners of Mediation Video Contest on YouTube: Fist Prize Winner
By Victoria VanBuren - March 15, 2010
The ABA Section of Dispute Resolution announced the 2010 winners of its First Annual Mediation Video Contest on YOUTUBE. The First Prize Winner was “Consider Mediation” submitted by: Suzie Hollander, Susan Cox, Joanna Belbey, Elizabeth Bowers, Patricia Dineen, Amy Russ, Raymond Kramer, Darryl Scipio, Kenneth Andrichik, Jaleel Mosquera, Cassandra Georges, Robert Hollander, Evelyne Matthews, Arthur T. Matthews, Rosari Domenick, Julie Cr
Applying Conflict Resolution Skills in Health Care PART V : Use Objective Criteria
By Victoria VanBuren - March 12, 2010
By Holly Hayes One month ago, we started our health care conflict resolution series (see Part I, Part II, Part III, and Part IV) focusing on the Roger Fisher, William Ury Getting to YES principled negotiation method involving: 1. Separating the people from the problem. 2. Focusing on interests, not positions. 3. Generating a variety of possibilities before deciding what to do. 4. Insisting that the result be based on some objective standard. Our
Texas Appellate Court Enforces Attorney-Client Arbitration Agreement
By Victoria VanBuren - March 11, 2010
The Fourteenth Court of Appeals of Texas held that a trial court abused its discretion in denying a motion to compel arbitration. I. Background In Pham v. Letney, no. 14-09-00387-CV (Tex.App.-Houston [14th Dist.] March 4, 2010) Shelly Letney hired the law firm of Smith & Garg, L.L.C. to pursue her personal injury claims she allegedly suffered in an automobile accident. Sarita Garg is a named partner in the firm and Steven Tuan Pham, an associ
Liability Reform Discussed at President Obama’s Health Care Summit
By Victoria VanBuren - March 10, 2010
By Holly Hayes On Feb. 23, the American Medical Association and 76 other medical societies wrote a letter to President Barack Obama and congressional leaders asking them to adopt legislation to reduce unnecessary medical lawsuits. “‘Defensive medical procedures, prompted by the threat of litigation, add substantial costs for individuals, private and public payers,” the letter stated (read the letter here). At President ObamaR
International Mediation Law Review Article | Transatlantic Perspectives on Alternative Dispute Resolution: Teaching Comparative Perspectives in Mediation
By Victoria VanBuren - March 9, 2010
We came across an interesting article from the landmark symposium Transatlantic Perspectives on Alternative Dispute Resolution. The piece is entitled Teaching Comparative Perspectives in Mediation: Some Preliminary Reflections, 81 St. John’s L. Rev. 259 (2007) and was written by professor Jacqueline Nolan-Haley (pictured right). Here is an excerpt: Introduction Mediation is no longer the stepchild of international dispute resolution practic
Texas Doctor Proposes Physician-Led Solution to Cut Health Care Costs
By Victoria VanBuren - March 8, 2010
By Holly Hayes The New York Times posted last week an interview with Dr. Howard Brody (pictured left), professor of family medicine and director of the Institute for the Medical Humanities at the University of Texas Medical Branch in Galveston, discussing a proposal for health care reform involving physicians. Physicians, Dr. Brody says, are not “innocent bystanders” to increasing health care costs but have made little effort to limit future medi
Applying Conflict Resolution Skills in Health Care PART IV: Invent Options for Mutual Gain
By Victoria VanBuren - March 5, 2010
By Holly Hayes Conflict in health care differs from conflict in other arenas because it can result in significant negative outcomes – in some cases, life or death. Part IV in our series on applying conflict resolution skills in the health care setting follows the Principled Negotiation techniques described by Roger Fisher and William Ury in Getting to Yes with a focus on “inventing options for mutual gain”. Part I in the series can be viewed (her
Fifth Circuit Reinstates NASD Arbitration Award
By Victoria VanBuren - March 4, 2010
The United States Court of Appeals for the Fifth Circuit held that a NASD arbitration panel did not exceed its authority when awarded attorney’s fees directly to counsel. In Institutional Capital Management, Inc. v. Claus, No. 08-20710 (5th Cir. Feb. 11, 2010), Leonard Claus and Institutional Capital management (ICM) entered into an agreement to buy and sell bonds. After a dispute over some bonds that Claus originally purchased to sell to Sterlin
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