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Archived articles from March 2013
25 articles found
Fifth Circuit Upholds Arbitrator’s Decision in Employment Dispute
By Beth Graham - March 19, 2013
The United States Fifth Circuit Court of Appeals has affirmed a lower court’s order to confirm an arbitrator’s decision in an employment dispute. In Haag v. Infrasource Services, Inc., No. 12-60159, (5th Cir. February 20, 2013), an employee, Fred Haag, was terminated from his position with Infrasource Services, Inc. for alleged gross misconduct. Following his termination, Haag filed a lawsuit in the Southern District of Mississippi and the compan
Digital Disagreements: The Future of Artificial Intelligence in Online Dispute Resolution
By Karl Bayer - March 18, 2013
Part 1 of 3 This is the first installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Please join the conversation and comment below. One of arbitration’s principle advantages is the informality with which the process is carried out.[1] Informality may lead to increased speed of dispute resolution and reduced costs.[2] However, recently arbitration has taken on some of the formal
What Judges Write When They Write About Mediation
By Beth Graham - March 17, 2013
Professor Jennifer W. Reynolds of the University of Oregon School of Law has published a thoughtful article entitled Judicial Reviews: What Judges Write When They Write About Mediation, Penn State Yearbook on Arbitration & Mediation, Vol. 5, 2013. In her publication, Professor Wilson discusses the role of mediation in the legal system from a judge’s perspective. Here is the abstract: Judges are uniquely positioned to comment on the phenomenon
Texas Supreme Court Enacts New Civil Procedure Rule Related to ADR in Expedited Actions
By Beth Graham - March 15, 2013
In November, the Texas Supreme Court promulgated a number of new civil procedure rules designed to expedite court cases where the amount in controversy is less than $100,000. Initially, proposed Rule 169(d) barred both the parties and the courts from forcing a dispute to mediation where no contractual obligation to mediate existed. Following a public comment period that ended on February 1st, a revised Rule 169 became final and effective on March
Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration
By Beth Graham - March 14, 2013
Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog), has published an interesting article entitled Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration, 53 Virginia Journal of International Law __ (2013), University of Missouri School of Law Legal Studies Research Paper No. 2013-05. Here is the abstract: Internatio
Martha Stewart Living Ordered to Mediate Dispute With Macy’s and J.C. Penney
By Beth Graham - March 13, 2013
Mediation is in the news again. Last week, a New York judge ordered a dispute between Macy’s, Inc., J.C. Penney Co., and Martha Stewart Living to mediation. The lawsuit itself reportedly arose after New York-based Martha Stewart Living signed a contract with Plano-based J.C. Penney to open a Martha Stewart mini shop in many of the retailer’s stores. In a separate case filed three months later, Cincinnati-based Macy’s sued J.C. Penney for interfer
Foreclosure Mediation Programs Are Evolving in a Number of States
By Beth Graham - March 12, 2013
In recent months, changes to homeowner foreclosure mediation programs were a hot topic in a number of states. In Illinois, the Supreme Court enacted Rule 99.1 in an effort to offer some level of flexibility in foreclosure mediation programs across the state. The rule went into effect on March 1st and requires judicial districts that choose to offer such programs to demonstrate feasibility, sustainability, compliance with HUD-certified counseling
How the Supreme Court Thwarted the Purpose of the Federal Arbitration Act
By Beth Graham - March 11, 2013
Jodi Wilson, Assistant Professor of Law and Director of Legal Methods at the University of Memphis’ Cecil C. Humphreys School of Law, has published a timely article entitled How the Supreme Court Thwarted the Purpose of the Federal Arbitration Act, Case Western Reserve Law Review, Vol. 63, No. 1, 2012; University of Memphis Legal Studies Research Paper No. 122. In the article, Professor Wilson discusses the policy behind the Federal Arbitration A
Core Concerns – Why are They Important?
By Holly Hayes - March 8, 2013
"The power of the core concerns comes from the fact that they can be used as both a lens to understand the emotional experience of each party and as a lever to stimulate positive emotions in yourself and in others. If core concerns aren't being met, work relationships are compromised, but more importantly an opportunity to "stimulate positive emotions" is missed.
Fifth Circuit Holds Judicial Estoppel Allows Discovery in Private Foreign Arbitration
By Beth Graham - March 7, 2013
The United States Fifth Circuit Court of Appeals has ruled that judicial estoppel made discovery available in a private foreign arbitration under 28 U.S.C. Section 1782. In Republic of Ecuador v. Connor, Nos. 12-20122, 12-20123, (5th Cir. Feb. 13, 2013), the Republic of Ecuador sought discovery from John Connor and his company, GSI Environmental, (“Connor”) related to an ongoing foreign arbitration with Chevron. Previously, Chevron successfully f
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