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Archived articles from March 2013

25 articles found

Austin Police Department Now Allows Mediation of Citizen Complaints

By Beth Graham - March 29, 2013
Alternative dispute resolution methods are increasingly being utilized across a wide range of industries. According to a recent news report, the Austin Police Department has instituted a new policy that provides area citizens with the opportunity to engage in mediation with law enforcement officers following a complaint. Under the policy, less serious external complaints such as allegations of inadequate service and rude officers may be mediated

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Disputing’s Own Karl Bayer Interviewed by Dave Hilton from Conflict Specialist Show

By Karl Bayer - March 29, 2013
Dave Hilton from the Conflict Specialist show discusses dispute resolution, conflict management, mediation, conflict coaching, negotiation, arbitration, ombuds, leadership, persuasion, psychology and other related topics with experts, authors, bloggers, specialists, speakers and practitioners around the world. In his latest episode he interviews blogger and ADR practitioner Karl Bayer. Watch the interview on youtube. Visit Dave Hilton’

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Houston Appeals Court Finds Arbitrator Exceeded His Authority in Case Against Non-Signatory

By Beth Graham - March 28, 2013
Houston’s First Appellate District has stated an arbitrator exceeded his authority when he determined that a non-signatory to an arbitration agreement was bound to arbitrate under the agreement. In Elgohary v. Herrera, No. 01-11-00550-CV (Tex. App. 1st March 5, 2013), Victor S. Elgohary entered into a written employment agreement with Herrera Partners, L.P., a Texas Limited Partnership with Gilbert A. Herrera as the limited partner. The employmen

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Class Arbitration on the Ropes Again

By Beth Graham - March 27, 2013
Last week, Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, published a timely article entitled, Round Five and Down for the Count? Class Arbitration on the Ropes – Again, 6 Preview of Supreme Court Cases 270 (March 18, 2013). In her article, Professor Mullenix examines the upcoming United States Supreme Court decision in Oxford Health Plans LLC v. Sutter (No. 12-135). Oral argument

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Texas House Considers Bill That Would Prohibit New Home Contracts from Including a Binding Arbitration Clause

By Beth Graham - March 26, 2013
Texas lawmakers are currently considering a bill that would not allow a binding arbitration clause to be included in contracts between Texas homebuilders and new home buyers. HB 3736, “Relating to the sale of newly constructed homes and requiring the Texas Real Estate Commission to adopt contract forms to be used in the sale of a newly constructed home,” was filed by Representative Lon Burnum of Fort Worth. The proposed law would reportedly remov

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Constitutional Conundrums in Arbitration

By Beth Graham - March 25, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow at the University of Missouri School of Law‘s Center for the Study of Dispute Resolution, recently published a thoughtful book review entitled Constitutional Conundrums in Arbitration, 15 Cardozo Journal of Conflict Resolution __ (forthcoming 2013). Here is the abstract: Professor Peter Rutledge’s new book, Arbitration and the Constitution (Cambridge University Press, 2013), offers t

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Digital Disagreements: Neural Networks and Their Potential

By Karl Bayer - March 22, 2013
Neural Networks: The Potential Part 3 of 3 This is the third, and final, installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Insight into the neural networking aspects of AI is drawn from an interview with Jacob Menashe, Doctoral Candidate in Computer Sciences at the University of Texas at Austin. There is great potential for adapting neural networks for ODR purposes. A neural network works like

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Houston Appeals Court Compels Gas Delivery Dispute to Arbitration

By Beth Graham - March 21, 2013
Houston’s First Appellate District has compelled a dispute over a natural gas delivery contract to arbitration despite that arbitration was not expressly required under the parties’ agreement because the dispute could not be decided without considering another contract that required arbitration. In Enterprise Field Services, LLC v. TOC-Rocky Mountain, Inc., No. 01-12-00345-CV (Tex. App. 1st February 28, 2013), the predecessor companies to Enterpr

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Digital Disagreements: Artificial [Intelligence] Arbitration

By Karl Bayer - March 20, 2013
Part 2 of 3   This is the second installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Please join the conversation and comment below.     ODR and AI   The subfield of Artificial Intelligence [AI] in Online Dispute Resolution has been progressing rapidly. There is no doubt that it will have a broad impact.   Law and AI are particularly well-suited to work together as they

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El Paso Appeals Court Refuses to Compel Arbitration Where Employee Cannot Read English

By Beth Graham - March 20, 2013
The Texas Appeals Court in El Paso had denied an employer’s motion to compel arbitration in an employment dispute that arose with an employee who was unable to read English. In Delfingen US-Texas, LP v Valenzuela, No. 08-12-00022-CV (Tex. App. 8th February 6, 2013), Guadalupe Valenzuela was hired to work as a temporary employee at Delfingen in El Paso, Texas. In 2008, the woman was offered a permanent position with the company. Following a compan

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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