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Archived articles from January 2012
20 articles found
Article | Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration
By Victoria VanBuren - January 31, 2012
Our blog contributor professor S.I.Strong has just published the article “Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration.” The piece compares the benefits of large-scale litigation and large-scale arbitration in the cross-border context, and considers whether there is a role that the Permanent Court of Arbitration can play in resolving mass disputes of this type. Here is the abstrac
Fifth Circuit Rules on Jurisdiction for a Petition to Compel Arbitration
By Victoria VanBuren - January 30, 2012
The United States Court of Appeals for the Fifth Circuit held that a district court lacked subject matter jurisdiction to hear a petition to compel arbitration pursuant to Section 4 of the Federal Arbitration Act (“FAA”). In Volvo Trucks N. America, Inc. v. Crescent Ford Truck Sales, Inc. No. 09-30782, (5th Cir. Jan. 5, 2012) Crescent Ford Truck Sales, Inc. (“Crescent”) operated a Volvo dealership pursuant to a Dealer Sale
Observations on Physician Management
By Holly Hayes - January 27, 2012
By Holly Hayes In our series about Accountable Care Organizations (ACOs), physician management emerges as an area worthy of better understanding. Marc Bard and Mike Nugent make five observations about the “management of physicians and the achievement of outcomes” in their book “Accountable Care Organizations”: While greater clinical integration can be achieved without economics/financial integration, achieving a meaningful
Texas Lawyer: Family Law Council Files Rare Amicus Over Mediation Issue
By Victoria VanBuren - January 26, 2012
We found this interesting story in Texas Lawyer about a mediated settlement agreement: For the first time in 25 years, the State Bar of Texas Family Law Council has filed an amicus curiae brief in an appeal pending before the Texas Supreme Court. The council submitted the brief on Jan. 9, urging the Supreme Court to grant a mandamus to force a family law judge to approve a mediated settlement agreement (MSA) in a custody dispute. The judge in tha
CPR Institute | 29th Annual Awards for Outstanding Scholarship in ADR
By Victoria VanBuren - January 25, 2012
On January 11, the International Institute for Conflict Prevention & Resolution (“CPR Institute”) had its annual awards in New York. This year, the awards were presented to: ADR Center in Italy, co-founded by Giuseppe De Palo and Leonardo D’Urso. Award: Outstanding Practical Achievement. Roselle L. Wissler for her work, “Court-Connected Settlement Procedures: Mediation and Judicial Settlement Conferences” 26 Ohio St. J. on D.R. 27
GUEST-POST | Definitive Creative Impasse-Breaking Techniques in Mediation: Sausage Making Laid Bare
By Victoria VanBuren - January 24, 2012
This is my second post giving you a tease from one or more chapter in Definitive Creative Impasse-Breaking Techniques in Mediation, Molly Klapper, J.D., Ph.D. (NYSBA 2011). Find the first post here. Today, I would like to focus on Simeon Baum’s “Sausage Making Laid Bare.” Simeon Baum is a leading NY mediator and former chair of the NYSBA’s Dispute Resolution Section. He actually contributed two separate chapters to the book and has the literal la
NYSBA: Best Practices In E-Discovery In New York State and Federal Courts
By Victoria VanBuren - January 20, 2012
The New York State Bar Association issued a couple of months ago a report entitled, “Best Practices in E-Discovery in New York State and Federal Courts.” The report contains guidelines intended to provide New York practitioners with practical, concise advice in managing e-discovery issues in both state and federal courts in New York, and to be a reference for best practices in e-discovery based on the current state of the law -but can
How Did US Healthcare Get Linked to Employment?
By Holly Hayes - January 19, 2012
By Holly Hayes In the 19th century, hospitals were shelters for the sick or dying supported by churches or other religious institutions. By the 20th century, medical care was more advanced and more expensive. Hospital administrators began to search for ways to pay for ever advancing costly medical procedures. Marc Bard and Mike Nugent in their book Accountable Care Organizations, Your Guide to Strategy, Design, and Implementation, write about the
CPR Institute Announces Its Patent Mediation Task Force
By Victoria VanBuren - January 18, 2012
Via the Court ADR Connection Resolution Systems Institute‘s newsletter we learned that the International Institute for Conflict Prevention and Resolution (“CPR Institute”) recently created a Patent Mediation Task Force. The objective of the Task Force is to investigate ways to improve the use of alternative dispute resolution in patent disputes. The Task Force has already formed three subcommittees: 1) pre-mediation; 2) mediatio
ABA Mediation Video Contest on YouTube | Deadline: February 1, 2012
By Victoria VanBuren - January 17, 2012
The American Bar Association Section of Dispute Resolution invites you to participate in their second annual Mediation Video Contest on YouTube®. The theme is “Civility and Civil Public Discourse.” Find out information on eligibility, contest rules, prizes, and judging criteria here.
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