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Archived articles from April 2013
24 articles found
Improving Mediation with Consent?
By Beth Graham - April 16, 2013
Jacqueline M. Nolan-Haley, Professor of Law and Director of Fordham University’s Conflict Resolution & ADR Program, has published a thoughtful article entitled, Judicial Review of Mediated Settlement Agreements: Improving Mediation with Consent? In her publication, Professor Nolan-Haley examines the impact the judicial system may have on the mediation process.
Karl Bayer’s Disputing Has Moved
By Karl Bayer - April 16, 2013
Karl Bayer’s Disputing has a new address: www.disputingblog.com. Now’s the time to adjust your bookmark, or, if you haven’t yet, add us to your bookmarks! Previously found at, www.karlbayer.com/blog, Disputing has grown such that it is time for the blog to have a space of it’s own. We hope you are enjoying our new look!
Houston Court Refuses to Grant Mandamus Relief After Motion to Compel Arbitration is Denied
By Beth Graham - April 12, 2013
In re Santander Consumer USA, Inc., Jan Bonner purchased boating equipment from Ron Hoover RV and Marine. Ron Hoover RV and Marine then assigned the agreement to GEMB Lending, Inc. 016 of the Civil Practice and Remedies Code, which authorizes interlocutory appeals under the FAA in suits filed after September 1, 2009. CIV. PRAC. & REM. We therefore refuse to speculate on whether a remedy that in fact existed through interlocutory appeal, but was
Hearing Held to Determine Whether NFL Concussion Litigation Should be Arbitrated
By Beth Graham - April 12, 2013
In a motion to dismiss the case, the league claims player safety has always been a top priority. According to league officials, the case should be submitted to binding arbitration pursuant to the players’ collective bargaining agreement.
Is the Supreme Court Moving Towards a Preemptive Federal Arbitration Procedural Paradigm?
By Beth Graham - April 11, 2013
Adopted by Congress in 1925, the Federal Arbitration Act (“FAA”) established a federal “pro-arbitration policy. But courts and scholars have been wrestling for decades over what this federal “proarbitration policy” actually means. The Concepcion decision came on the heels of the Court’s 2010 decision in Stolt-Nielsen S A.
Concerted Action Includes Concerted Dispute Resolution
By Beth Graham - April 10, 2013
Seton Hall Public Law Research Paper No. The Board’s articulation of labor law rights ordinarily is entitled to judicial deference. The Horton question will force the Court to confront the collision between what it says and what it does.
Part Two: Preparing for the 2011 Fortune 1,000 Survey of Corporate Counsel
By Karl Bayer - April 10, 2013
The following is part 2 of a 5 part overview of Professors Thomas Stipanowich (Pepperdine University School of Law) and J. Though attitudes may have changed since the 1997 Fortune 1,000 corporate counsel survey, systems seem to have remained ingrained in business culture which has prevented an overall acceptance of ADR processes.
Houston’s First District Refuses to Compel Lease Dispute to Arbitration
By Beth Graham - April 9, 2013
Houston’s First Court of Appeals has affirmed a trial court’s order refusing to compel a lease dispute to arbitration. After the trial court denied Speedemissions’ motion to compel arbitration, the company filed an appeal with Houston’s First District.
Beaumont Appeals Court Orders Nonsignatory to Arbitrate Based on Direct-Benefits Estoppel
By Beth Graham - April 5, 2013
Texas’ Ninth District Court of Appeals in Beaumont has ordered a dispute to arbitration based upon the doctrine of direct-benefits estoppel. Under direct-benefits estoppel principles, a nonsignatory must arbitrate a claim if she seeks, through the claim, to derive a direct benefit from the contract containing the arbitration provision.
AMA Twelve Principles for Improving Hospital-Physician Relationships
By Holly Hayes - April 4, 2013
The American Medical Association (AMA) Organized Medical Staff Section (OMSS) provides a list of 12 principles for strengthening the physician-hospital relationship on their website. This principle is consistent with The Joint Commission revised medical staff standard (MS) 010101 Jane Reister Conrad wrote an excellent post about the standard. Let us know your thoughts about improving hospital-physician relationships.
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