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Archived articles from June 2011
24 articles found
Is Mediation Confidential in Texas?
By Victoria VanBuren - June 17, 2011
By Brett Goodman The Texas ADR Act, provides for very broad confidentiality in mediation procedures. Section 154.073 states in relevant portion that: (a) Except as provided by Subsections (c), (d), (e), and (f), a communication relating to the subject matter of any civil or criminal dispute made by a participant in an alternative dispute resolution procedure, whether before or after the institution of formal judicial proceedings, is confidential,
27th Annual Advanced Personal Injury Law Course 2011
By Victoria VanBuren - June 16, 2011
Need CLE credits? Mark your calendars! The State Bar of Texas will host its 27th Annual Personal Injury Law Course. Topics include: • How to Try the $50,000 (& Under) Case from A-Z • Social Media: Cutting Edge Evidence Questions • Claims Against Governmental Entities • Medical Malpractice Update • New Approaches to Damages for Juries Karl Bayer will be presenting the section on mediation. The locations are as follows: LIVE: Dallas, July 6-8,
Chartered Institute of Arbitrators Requests Comments on Costs of International Arbitration | Deadline is June 24, 2011
By Victoria VanBuren - June 15, 2011
The Chartered Institute of Arbitrators (CIArb) is currently running a major survey into the costs of International Arbitration. The purpose of this Survey is to gather data to inform parties, legal representatives and arbitrators across the world about the overall costs of international arbitration and how these are incurred at each stage. The deadline to submit comments is Friday, June 24, 2011. To participate in the Survey, click here. The resu
U.S. Supreme Court Vacates Class Arbitration Decision | Fensterstock v. Education Finance Partners
By Victoria VanBuren - June 14, 2011
Yesterday, the U.S. Supreme Court granted certiorari to Affiliated Computer Services, Inc. v. Fensterstock, No. 09-1562-cv. In Fensterstock v. Education Finance Partners, Inc., No. 08-CV-3622, 2009 U.S. Dist. LEXIS 30457 (S.D.N.Y. 2009) the U.S. District Court for the Southern District of New York had held that an arbitration agreement containing a class action waiver within a student loan promissory note is unconscionable and unenforceable as a
NFL Settlement Talks | Are You Ready for Some Arbitration?
By Victoria VanBuren - June 14, 2011
By Brett Goodman Now more than ever, arbitration may have the potential to affect millions of lives, even if that means encouraging Americans to enjoy chips and dip and play Monday morning quarterback. With approximately a month left until NFL preseason games should begin, the NFL owners and the NFL players’ association (NFLPA) remain in a lockout. Though a so-called deadline has passed on more than one occasion without effect, at the very least,
U.S. Arbitration and Mediation Legislative Update | June 2011
By Victoria VanBuren - June 13, 2011
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Arbitration Fairness Act of 2011. Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbit
Can I Object to Court-Ordered Mediation?
By Victoria VanBuren - June 10, 2011
In Texas, a party has to object in writing to the mediation referral within ten days after receiving notice. The court, in its discretion, may or may not refer the dispute to mediation. Section 154.022 of the Texas ADR Act provides the basis for objection to referral pending litigation: (a) If a court determines that a pending dispute is appropriate for referral under Section 154.021, the court shall notify the parties of its determination. (b) A
Texas Regular Legislative Session Ends, Special Session Begins
By Victoria VanBuren - June 9, 2011
The 82nd regular session of the Texas Legislature adjourned on May 30, 2011. More than 1,500 bills and resolutions have been sent to Governor Rick Perry. The Governor has until June 19th to sign, veto, or let the bills become law without a signature. Find the ADR bills filed during this session here. Governor Perry has already called for a special session starting on May 31st, the session is limited to: Legislation relating to fiscal matters nece
Texas Tech Law Review Article | Alternative Dispute Resolution: Litigating Arbitration Slows as Mediation Becomes More Popular
By Victoria VanBuren - June 8, 2011
Our blog contributor Don Philbin has published his yearly survey of ADR case law in the Fifth Circuit. Here is part of the introduction: Alternative Dispute Resolution as a whole is thriving. Civil jury trials continued at multi-decade lows, both absolutely and as a percentage of dispositions.1 And alternatives to those trials have become mainstream. But not all Alternative Dispute Resolution (ADR) is equal. As ADR users have become more sophisti
Who Pays for the Mediation Fees?
By Victoria VanBuren - June 7, 2011
Section 154.054 of the Texas ADR Act discusses compensation of impartial third parties-such as a mediator. The Act allows the court to set a reasonable fee for the services for a court-appointed mediator. (Read more about court-ordered mediation here.) Unless the parties agree to a method of payment, the court shall tax the fee for the services of an impartial third party as other costs of suit. The parties can also agree to split the mediation f
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