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Archived articles from September 2010
21 articles found
Article | FINRA to Propose New Rule For All-Public Arbitration Panels
By Beth Graham - September 30, 2010
Next month, the Financial Industry Regulatory Authority (FINRA) will file a rule proposal to expand a two-year-old Public Arbitrator Pilot Program (pilot program) which would allow all investors filing arbitration claims the option of having an all-public arbitration panel. FINRA’s rule proposal will be filed for approval with the Securities and Exchange Commission. If approved, the rule would allow investors to choose an arbitration panel with t
GUEST-POST | More Interest in Empirical Data Weighing on Case Evaluations
By Beth Graham - September 29, 2010
by Don Philbin Earlier this month, I was pleased to be the invited luncheon speaker for the Advanced Texas Administrative Law Seminar in Austin. Of course, I knew that my job was to discuss advanced decision analysis and the analytical and graphical illustration tools that I’ve been working on to help communicate such case analyses. What I didn’t know was that I would be followed by an excellent presentation that would drill into appe
Law Review Article | Mediation in Divorce Proceedings Involving Domestic Violence
By Beth Graham - September 28, 2010
A recent article in the Yale Journal of Law and Feminism entitled “Moving Out of the 1990s: An Argument for Updating Protocol on Divorce Mediation in Domestic Abuse Cases,” 22 Yale Journal of Law and Feminism 97 (2010), makes an interesting argument that many states need to reexamine policies banning or restricting mediation in divorce proceedings involving domestic violence. According to Mary Adkins, co-student director of the Yale D
Fifth Circuit Denies Compelled Arbitration Under Theory of Direct Benefits Estoppel
By Beth Graham - September 27, 2010
The 5th Circuit Court of Appeals has held that a court may not compel arbitration under the theory of direct benefits estoppel where there was no evidence a party had actual knowledge a contract containing an arbitration clause existed and no attempt was made by the party to enforce the specific provision which contained the arbitration clause. In Noble Drilling Services, Inc. v. Certex USA, Inc., No. 10-20083 (5th Cir., September 15, 2010), Nobl
Implementation of Accountable Care Organizations (ACOs)
By Beth Graham - September 24, 2010
by Holly Hayes In his book, Beyond Neutrality, Bernard Mayer says, “Conflict resolution professionals are not significantly involved in the major conflicts of our times. Many conflict resolution practitioners play useful but essentially marginal roles in large-scale public conflicts… we are not involved at the center of the conflict or decision-making processes.” This week, we posted about “clinical integration” or the creation of Accountable Car
Tyler Court of Appeals Holds Routine Employment Practice Insufficient to Prove Arbitration Agreement Exists
By Beth Graham - September 23, 2010
The Twelfth District Court of Appeals of Texas has held that evidence of a routine employment practice was insufficient to prove an arbitration agreement existed. In In re Astro Air, L.P., No. 12-10-00108-CV (Tex. App. – Tyler September 15, 2010), Sharron Hall was hired by Astro Air, L.P. in December 2005 and remained an employee of Astro until she suffered an on the job injury in July 2007. Hall sued Astro, alleging that her injury was result of
Connecticut Judicial Branch Reports Home Foreclosure Mediation Program Statistics
By Beth Graham - September 22, 2010
The State of Connecticut has released statistics for its Foreclosure Mediation Program. The program allows borrower-occupants of a one, two, three or four family residential property located within the state to request mediation when facing judicial foreclosure. When a lender commences a foreclosure action, it must serve a notice to the homeowner along with a Foreclosure Mediation Certificate and an appearance request form. If a homeowner qualifi
The Fifth District of Texas Holds Confidentiality Protections Afforded by the Texas Civil Practice and Remedies Code Apply to Mediations
By Beth Graham - September 21, 2010
The Fifth District of Texas has held that an order which compelled discovery and the testimony of the attorney for a party to a mediation settlement violated the confidentiality protections afforded by the Texas Civil Practice and Remedies Code. In In re Empire Pipeline Corp., No. 05-10-01044-CV, (Tex.-App.—Dallas Sept. 15, 2010), the relators, Empire Pipeline Corporation, Empire Exploration, L.P. and Empire Exploration Corporation, sought relief
Can Clinical Integration Reform Healthcare?
By Beth Graham - September 20, 2010
We have heard a lot about reforming healthcare through clinical integration lately. On October 5, 2010, the Federal Trade Commission “will co-host a workshop on several issues associated with Accountable Care Organizations (ACOs), organizations authorized by the new Affordable Care Act that seek to deliver high-quality and efficient health care services to consumers. Joining the FTC in hosting the event are the Centers for Medicare & Me
Mediation Used in Health Care Labor Relations
By Beth Graham - September 16, 2010
by Holly Hayes When we saw this link on mediate.com about nurses requesting mediation to achieve safe staffing levels, we wondered where else mediation was being requested in healthcare conflict. A search found that in September, mediation was used, but failed, between the Minnesota Nurses Association and St. Luke’s Hospital in Duluth, MN. A nurses’ union in New Jersey requested mediation in July for their negotiations with hospital m
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