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Archived articles from 2012
240 articles found
Elements of the Accountable Care Organization (ACO)
By Holly Hayes - January 13, 2012
By Holly Hayes Marc Bard, MD and Mike Nugent, authors of “Accountable Care Organization, Your Guide to Strategy, Design and Implementation” provide a list of elements common to most ACOs. As described in our previous post , there is still a great deal of ambiguity about the definition of an ACO. The American Hospital Association (AHA) has developed a list of key questions (see below) to ask in the development of an ACO. Bard and Nugen
Check Out Pictured It Settled: The Negotiator’s App
By Victoria VanBuren - January 12, 2012
We invite you to check out Pictured It Settled, a premier App for negotiators. Created by Don Philbin (contributor of this blog), Pictured It Settled helps negotiators to (a) see whether and when settlement negotiations might end in a deal; (b) calculate future offers based on the prior moves of the parties; and (c) keep track of multiple negotiations in a single place. Learn more about Pictured It Settled here or visit the iTunes App Store here.
U.S. Supreme Court Decides CompuCredit v. Greenwood
By Victoria VanBuren - January 11, 2012
Yesterday, the U.S. Supreme Court handed down CompuCredit Corporation v. Greenwood. The issue in CompuCredit was whether claims under the Credit Repair Organizations Act are subject to arbitration. The Court held that because the Credit Repair Organizations Act is silent on whether claims can proceed in an arbitrable forum, the Federal Arbitration Act requires the arbitration agreement to be enforced according to its terms. The opinion is here. W
GUEST-POST | Addressing Impasse by Helping the Parties Value the Case
By Victoria VanBuren - January 11, 2012
We welcome Laura A. Kaster as a guest-blogger at Disputing. Laura will discuss a chapter of the book Definitive Creative Impasse-Breaking Techniques in Mediation, edited by Molly Klapper (NYSBA 2011) in which Laura is a co-author. Stay tuned for more posts from Laura. By Laura A. Kaster Molly Klapper had a wonderful idea. She decided to collect a wide variety of practitioners’, teachers’ and luminaries’ targeted techniques for anticipating, manag
NLRB Finds that Certain Arbitration Agreements Violate Federal Labor Law
By Victoria VanBuren - January 10, 2012
As the New York Times reports, the National Labor Relations Board (NLRB) ruled on January 3, 2012 that employers could not prevent workers from filing work-related class actions. This ruling will effectively make certain employment agreements that require workers to pursue all claims individually via arbitration null and void. The decision on D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764 is here and the NLRB press release is here. Stay tu
Disputing’s 2011 Year-End Highlights Series
By Victoria VanBuren - January 9, 2012
Last week’s post concludes our 2011 Year-End Highlights series. If you missed some of the posts, you can find them here or by following the ‘2011 Year-End Highlights’ link on the right, under ‘Categories.’
Employment Arbitration | Jones v. Halliburton
By Victoria VanBuren - January 5, 2012
Jamie Leigh Jones’ saga concluded in 2011. Initially, the issue in her case was a motion to compel arbitration of her tort claims filed by Halliburton. Jones was successful in resisting arbitration in the Fifth Circuit (September 2009). At trial, however, a Houston jury ruled in Halliburton’s favor (July, 2011). In 2009, Jones’ case prompted the U.S. Senate to pass the “Franken Amendment” to H.R. 3326, which bars fun
2011 Mediation Case Law
By Victoria VanBuren - January 4, 2012
In addition to our mediation series, during 2011 we published these posts discussing mediation case law: Federal Circuit Declines to Recognize a Mediation Privilege Texas Court of Appeals Dismisses Appeal Because Appellant Walked Out of the Court-Ordered Mediation Federal Texas Court Rules for Producing Negotiation Communications Texarkana COA Upholds MSA Where Mediator Resolved Dispute Regarding Scope Ninth Circuit Affirms Mediated Facebook Sett
2011 U.S. Legislation on Arbitration and Mediation
By Victoria VanBuren - January 3, 2012
In 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. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties
Top 10 Most-Viewed Disputing Blog Posts of 2011
By Victoria VanBuren - January 2, 2012
Happy New Year from Disputing! We are pleased to share with you our 10 most popular blog posts of 2011: GUEST-POST | Italy’s Lawyers Call for National Strike Against Mediation Law (Feb. 25) GUEST-POST PART I | AT&T Mobility, LLC v. Concepcion and the Bright Side of the Force (May 2) AT&T Mobility, LLC v. Concepcion | Blawgosphere Round-up on Class Arbitration Decision (May 5) GUEST-POST | Stolt-Nielsen Opens More Doors Than It Close
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