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Archived articles from 2011
254 articles found
Mediation and Legal Malpractice
By Victoria VanBuren - August 3, 2011
By Brett Goodman In Texas, only a few cases have come out of the last decade concerning legal malpractice as relating to mediation. In Lehrer v. Zwernemann, after being unsatisfied with the work of the two attorneys he hired in a divorce proceeding, Lehrer sued two attorneys for malpractice. See Lehrer v. Zwernemann, 14 S.W.3d 775, 776 (Tex. App. – Hous. [1st Dist.] 2000, pet. denied). This subsequent suit went to mediation, but Lehrer again unsa
ABA 9th Annual Advanced Mediation and Advocacy Skills Training Institute | San Diego, Nov 03, 2011
By Victoria VanBuren - August 2, 2011
Need CLE credits? Mark your calendars! ABA will host its 9th Annual Advanced Mediation and Advocacy Skills Training course in San Diego, California on Nov. 3-4, 2011. The course was designed for mediators, litigators, judges, and in-house counsel. The 9th Annual Mediation and Advocacy Skills Institute topics will include: Preparing for mediation Maximizing the Joint Opening Session Ethical Issues Negotiating in the Caucus Stage Breaking Impasse D
Texas Court of Appeals Rejects Evident Partiality and Excess of Powers Challenges and Confirms Arbitration Award
By Victoria VanBuren - August 1, 2011
By Brett Goodman The Court of Appeals of Texas in Dallas has affirmed the decision of a trial court that confirmed an arbitration award ordering appellants take nothing from appellees. In Skidmore Energy, Inc. v. Maxus (U.S.) Exploration Co., (Tex. App. — Dallas July 12, 2011, no. pet. ) Skidmore Energy Inc. contended that the trial court erred confirming the arbitration award that they take nothing from Maxus (U.S.) Exploration Company. The two
What if there is an Insurance Claim Involved in my Mediation?
By Victoria VanBuren - July 29, 2011
Liability insurance policies often contain alternative dispute resolution clauses, including: (1) Binding arbitration only; (2) Mediation and, if mediation is unsuccessful, then binding arbitration; (3) Election between mediation and arbitration, with insured having veto power over the insurer’s selection; and (4) Mediation or binding arbitration with a waiting period before suit is filed if mediation is selected. See Ernest Martin, Jr, Hot Tips
Texas Arbitration and Mediation Legislative Update | July 28, 2011
By Victoria VanBuren - July 28, 2011
In addition to the bills discussed in our last post, the 82nd Texas legislature also passed H.B. No. 1951, relating to the continuation and operation of the Texas Department of Insurance; Bill Status; Analysis. Part of the bill is provided below. SECTION 1.003. Subchapter B, Chapter 36, Insurance Code, is amended by adding Section 36.110 to read as follows: Sec. 36.110. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) The comm
American Review of International Arbitration | Arbitration and National Courts: Conflict and Cooperation
By Victoria VanBuren - July 27, 2011
The American Review of International Arbitration, a law review by the Parker School of Foreign and Comparative Law at Columbia University published recently a hardback issue with papers presented at the University of Texas symposium back in May of 2010, on the theme, “Arbitration and National Courts: Conflict and Cooperation.” (previews of the conference papers are here). The issue includes papers by luminaries such has Michael Reisman of Yale, P
ICC to Unveil New Arbitration Rules at Conference | Paris, Sept. 12-13, 2011
By Victoria VanBuren - July 26, 2011
The International Chamber of Commerce (ICC) Rules of Arbitration have been newly revised to take into account current requirements and developments in arbitration practice and procedure since the last revision in 1998. The new Rules are the product of two years of work within the ICC Commission on Arbitration, a think tank of 620 dispute resolution specialists from 90 countries. The ICC will unveil the new Rules and explain the changes at a confe
Texas Court of Appeals Finds Arbitration Waiver and Refuses to Compel Arbitration
By Victoria VanBuren - July 25, 2011
By Brett Goodman The Court of Appeals of Texas in Dallas has denied an appeal seeking to overturn a trial court’s decision not to compel arbitration. In Adams v. StaxxRing, Inc., No. 05-10-01142 (Tex. App.–Dallas July 7, 2011, no. pet. ) William B. Adams was appealing the decision in favor of Molly Langford and StaxxRing, Inc., a jewelry business equally owned by Adams and Langford. The first strike in any sort of litigation came when Langf
Texas Supreme Court Amends Its Ethical Guidelines for Mediators
By Victoria VanBuren - July 22, 2011
The Texas Supreme Court issued recently some amendments to its Ethical Guidelines for Mediators. These amendments were adopted in response to recommendations from the Alternative Dispute Resolution Section of the State Bar of Texas and went into effect on June 1, 2011. Find a copy of the amendments here.
IBA Annual Conference | Oct 30, 2011, Dubai
By Victoria VanBuren - July 21, 2011
The International Bar Association (IBA) will host its Annual Conference in Dubai on October 30-November 4, 2011. The event promises to bring together more than 4,000 lawyers and legal professionals from around the world. More than 180 working sessions cover all areas of practice, offering up to 25 hours of CLE. The preliminary program may be downloaded here. For more details click here. Technorati Tags: law, ADR, arbitration
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