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Archived articles from June 2010
26 articles found
AHRQ Awards $23.2m in Grants for Medical Liability Reform and Patient Safety
By Holly Hayes - June 18, 2010
By Holly Hayes The Agency for Healthcare Research and Quality (AHRQ) announced that seven demonstration grants for the Medical Liability Reform and Patient Safety initiative have been funded for a total amount of $19.7 million. Thirteen planning grants have also been funded for a total amount of $3.5 million. The grants support the implementation and evaluation of evidence-based patient safety and medical liability projects. The seven demonstrati
Texas Mediator Article: 2009 Judicial Survey on Alternative Dispute Resolution
By Victoria VanBuren - June 16, 2010
By W. Reed Leverton In August, 2009 attendees of the annual Texas Judicial Conference were surveyed regarding their attitudes as to alternative dispute resolution processes, with a particular emphasis on mediation and arbitration. The survey was prepared by members of the Alternative Dispute Resolution Section Council and undertaken under the Council’s direction. 1,547 state judges (trial and appellate) were invited to this year’s conference, 566
GUEST-POST PART IV | Questions Clients Have about Mediation: The Mediation Settlement
By Victoria VanBuren - June 15, 2010
By Kent B. Scott and Cody W. Wilson Will a Settlement in Mediation Be Enforceable? The answer is “yes” if the settlement is memorialized in a written settlement document that is signed by all parties and their counsel. The settlement agreement is not confidential and can be enforced in court just like any other contract. However, if called upon to enforce a mediation settlement, the court will look only at the face of the document because, as we
Financial Reform Bill Moves into House-Senate Committee: Limits on Predispute Arbitration Clauses
By Victoria VanBuren - June 14, 2010
In addition to the bills discussed in our recent post, the U.S. Congress is considering a major financial reform legislation. The Restoring American Financial Stability Act of 2010. As it relates to ADR, this legislation would give the SEC the power to ban or limit mandatory arbitration in certain agreements. House Versions: H.R. 4173 and Status; Senate Versions: S.3217 and Status. The most recent version of H.R. 4173 states, SEC. 921. AUTHORITY
Health Reform Law: The Physician Insurers Association of America Reviews Four Alternatives
By Holly Hayes - June 11, 2010
By Holly Hayes American Medical News posted a review of some of the tort alternatives being considered as part of health reform that were discussed at the Physician Insurers Association of America in May: experts gave insurers a glimpse into four possible alternatives to be tested under the health reform law: health courts, early offers, apology programs and medical review panels. They detailed how the options could alleviate pressures within the
Welcome Franklin Solutions Blog!
By Holly Hayes - June 11, 2010
We would like to welcome the Franklin Solutions Blog to the ADR blogosphere. The blog is hosted by Jeanne F. Franklin, a certified mediator and lawyer from Virginia. The Franklin Solutions Blog has a focus on health care mediation and conflict resolution. Check out their June 1 post here. We look forward to reading more of your posts, Jeanne. The Disputing Team, Karl Bayer, Alyson Chaky, Holly Hayes & Victoria VanBuren
New York’s Court of Appeals Establishes Ability-to-Pay Hearing Before Enforcing Fee-Splitting Provision in Employment Arbitration Agreement
By Victoria VanBuren - June 10, 2010
The Court of Appeals of New York [the highest court in the State of New York] held that an employee challenging the enforceability of a fee-splitting provision in a pre-dispute arbitration agreement is entitled to a factual hearing to establish that her inability to pay arbitration costs precluded her from vindicating her statutory rights. In Brady v. Williams Capital Group, L.P., 2010 N.Y. LEXIS 49 (N.Y., Mar. 25, 2010) Lorraine Brady was employ
U.S. Arbitration and Mediation Legislative Update
By Victoria VanBuren - June 9, 2010
The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. 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 En
GUEST-POST PART III | Questions Clients Have about Mediation: Would My Mediation Be Confidential?
By Victoria VanBuren - June 8, 2010
By Kent B. Scott and Cody W. Wilson For mediation to work the way it is supposed to, the parties must be willing to speak candidly with the mediator, and they will not do this unless they know that the mediation is private and what they say and do in mediation will be kept confidential. Given the need for confidentiality, is there a legal basis for it? There is no federal law protecting mediation communications, although there are protections for
The International Bar Association Adopts New Rules on the Taking of Evidence in International Arbitration
By Victoria VanBuren - June 7, 2010
The International Bar Association (IBA) has approved a new version of its Rules on the Taking of Evidence in International Arbitration. The revised version (discussed here) was approved with minor amendments. The revised Rules will apply to all arbitrations in which the parties agree to apply the IBA Rules after May 29, 2010. Among the key updates and revisions are the following: An obligation on the tribunal to consult the parties at the earlies
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