Karl Bayer's Disputing Blog » 2010

Symposium | Arbitrators and National Courts: Conflict and Cooperation | Houston, May 13-14

By Victoria VanBuren - April 8, 2010

The University of Texas, along with the Permanent Court of Arbitration and the Houston International Arbitration Club, will be sponsoring a symposium in Houston on May 13-14 on the subject, “Arbitrators and National Courts: Conflict and Cooperation.” The program will cover issues concerning the relationship between arbitrators and courts—such as the determination of arbitral jurisdiction, injunctions in favor of (or against) arb

U.S. Arbitration and Mediation Legislative Update

By Victoria VanBuren - April 8, 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

ABA Journal Article: International Arbitration Loses Its Grip ?

By Victoria VanBuren - April 7, 2010

The April 2010 edition of the ABA Journal features: “International Arbitration Loses Its Grip” by Steven Seidenberg. The article argues that international arbitration is starting to become as expensive and time consuming as litigation in U.S. Courts. Here is an excerpt: Arbitration was supposed to be the solution for international companies seeking to resolve disputes without expensive and drawn-out court battles. But it is starting t

Arbitration Unconscionability Case: New Amicus Curiae Brief

By Victoria VanBuren - April 6, 2010

On March 31, a new amicus brief has been filed with the U.S. Supreme Court on the case Rent-A-Center, West v. Jackson, Docket No. 09-497 (read our previous post here). The case is scheduled to be argued on April 26. The new brief filed by professional arbitrators and arbitration scholars in support of the respondent, argues that the question of whether an arbitration agreement is unconscionable should be decided by a court, not an arbitrator. Lin

ABA 2010 Winners of Mediation Video Contest on YouTube: Honorable Mention (2)

By Victoria VanBuren - April 5, 2010

The ABA Section of Dispute Resolution announced the 2010 winners of its First Annual Mediation Video Contest on YOUTUBE. An Honorable Mention Winner was “Elder Mediation: A Solution For Families at War” submitted by: Carolyn Rosenblatt, Bruce Tokars Erika Falk, Prescott Cole, Albert Freedman. Check it out: Stay tuned to Disputing for more Honorable Mention Winners! Technorati Tags: ADR, law, arbitration

Disruptive Physician Skit Highlights Healthcare Communication Issues

By Holly Hayes - April 2, 2010

By Holly Hayes The American College of Healthcare Executives (ACHE) held their annual national meeting in Chicago the week of March 22, 2010. During the meeting, Joseph Bujak, a physician and vice president of medical affairs at 246-bed Kootenai Medical Center, in Coeur D’Alene, Idaho and co-presenter Kathleen Bartholomew, a registered nurse and well-known author on nursing, acted out a unique role-playing presentation on doctor-nurse commu

Where Does ADR Fit in Health Care?

By Holly Hayes - April 1, 2010

By Holly Hayes Readers have asked us, “where does ADR fit in health care? It’s a good question and one we have contemplated ourselves. To learn more, we are undertaking an informal survey asking leaders in the field to share their thoughts and experiences on this topic. So far, we have learned that ADR techniques can be applied with the following groups: Physician Practices and Hospitals: As more and more physicians move out of privat