Menu
Archived articles from 2011
254 articles found
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
ABA Book | Lawyering with Planned Early Negotiations: How You Can Get Good Results for Clients and Make Money
By Victoria VanBuren - June 6, 2011
We came across an interesting new book on negotiations, Lawyering with Planned Early Negotiations: How You Can Get Good Results for Clients and Make Money, by John Lande, Professor and Director of the LLM Program in Dispute Resolution at the University of Missouri School of Law. Here is the book description: Whether you’re a solo practitioner or in a mid- to large-sized firm, you negotiate often in your career. This guide discusses how you
Can a Court Impose Sanctions for Failing to Appear at Court-Ordered Mediation?
By Victoria VanBuren - June 3, 2011
By Brett Goodman Similar to a court referring a case to mediation in the first place, in Texas, a trial court is under a discretionary standard concerning imposing sanctions for failure to appear. See Roberts v. Rose, 37 S.W.3d 31, 33 (Tex. App. 2000). Discretion is abused when the trial court acts without reference to any guiding rules or principles. See Johnson v.. Fourth Court of Appeals, 700 S.W.2d 916, 918 (Tex.1985). Courts have an inherent
GUEST-POST | From Rome to Delhi: Indian Lawyers Take Their Turn at Defending Slow Justice
By Victoria VanBuren - June 2, 2011
by Michael McIlwrath Earlier this year, Italian lawyers went on strike to protest the country’s introduction of a law imposing a requirement to attempt settlement through mediation as a precondition to proceeding to litigate in court. Perhaps not wanting to be outdone by their European brethren, the Association of Indian Lawyers (AIL) has filed suit in the High Court of Delhi to thwart an innovate effort to provide parties with an alternative to
Texas Court of Appeals Vacates Arbitration Award Based on Evident Partiality
By Victoria VanBuren - June 1, 2011
The Texas Fourteenth Court of Appeals affirmed the trial court’s denial of confirmation of an arbitral award. In AMOCO D.T. Co.v. Occidental Petroleum Corp., NO. 14-09-00651-CV, (Tex. App.–Houston [14th Dist.] May 17, 2011, Amoco D.T. Company (“Amoco”) and Shell Land & Energy Company (“Shell”) entered into a purchase-and-sale agreement with Occidental Petroleum Corporation (“Oxy”). Pursuant to the agreement, Oxy made a demand for
FINRA Announces Arbitration Motion Practice Rule
By Victoria VanBuren - May 31, 2011
Effective June 6, 2011, under FINRA rules, a moving party will have a five-day period to reply to a response to a motion. According to FINRA, “this five-day period gives parties an opportunity to brief fully the issues in dispute, and ensure that arbitrators deciding a motion have all the motion papers before issuing a final decision.” FINRA’s press release is here. Technorati Tags: law, ADR, arbitration
ALI-ABA Webinar | AT&T Mobility v Concepcion – What It Means for Class Actions and Arbitration, June 1, 2011
By Victoria VanBuren - May 30, 2011
Mark your calendars! our blog contributor professor S.I. Strong, will be hosting the live Webcast AT&T Mobility v. Conception: What It Means for Class Actions and Arbitration on June 1, 2011 at 12:30 pm – 1:30 pm EDT. Here is the course description: Taught by Elyse D. Echtman, Jennifer L. Young and S.I. Strong, this session provides insights on Concepcion from both the plaintiffs’ and the defendants’ bar, as well as the views of one of
In Texas, Can a Court Refer my Case to Mediation?
By Victoria VanBuren - May 27, 2011
By Brett Goodman Under the Texas ADR Act, by either the motion of the court or a party, a pending dispute may be referred to mediation except when that dispute is subject to the Federal Arbitration Act. In this referral, an “impartial third party” must be appointed to mediate. To qualify for an appointment as an impartial third party, a person must have completed a minimum of forty hours of training in dispute resolution techniques in a course co
Karl Bayer Welcomes Its 2011 Summer Interns
By Victoria VanBuren - May 26, 2011
The team at Karl Bayer, Dispute Resolution Expert is pleased to announce that we will be joined this summer by two law students: Renee Kolar. Renee is a J.D. candidate at The University of Texas School of Law. She holds an undergraduate degree in translation (Spanish, French, English) from a French University. Her experience living abroad and studying translation taught her that often times misunderstandings between people arise not just from the
GUEST-POST PART III | States’ Rights, Big Business and the Nature of Arbitration: AT&T Mobility LLC v. Concepcion
By Victoria VanBuren - May 26, 2011
By S.I. Strong Interestingly, it is the dissent, rather than the majority, that takes Stolt-Nielsen’s lesson of intent fully into account. Thus, Justice Breyer states that earlier Supreme Court precedent “cautioned against thinking that Congress’ primary objective was to guarantee . . . particular procedural advantages. Rather, that primary objective [of the FAA] was to secure the ‘enforcement’ of agreements to arbitrate.” AT&T, 131 S.
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy