Menu
Archived articles from April 2015
16 articles found
Special Masters: How To Make the Best of Both Worlds, Part X
By Merril Hirsh, James Rhodes & Karl Bayer - April 6, 2015
In Part Nine, we discussed the rap on special masters – the concern that special masters can be expensive and potentially ineffective; prone to an alternative agenda; and chosen because of connections to the judge. We suggested that the fact that at least the federal rules include no regularized method of selection or apparent qualification for the job of special master does not help to beat that rap. So what would help?
Where Have All The Idealists Gone? Long Time Passing, Part V
By Jeffrey Krivis - April 6, 2015
Like any new service or product, people started to alter the process of mediation in the adversarial system to meet their objectives. Litigators needed to find out quickly if appropriate resources (money) were available for their case. In order to learn if the process of mediation would be fruitful, litigators encouraged the mediators to bypass the basic essence of what drew the idealists to the field in the first place, self-determination and em
Where Have All The Idealists Gone? Long Time Passing, Part IV
By Jeffrey Krivis - April 3, 2015
A major shift took place when lawyers grafted the mediation process onto adversarial litigation, where the focal point of the dispute was highly competitive zero sum games. Courts throughout the U.S., Canada and the U.K. encouraged and even mandated the use of mediation to help streamline caseloads. The process became wildly successful and has been utilized in the same fashion as other improvements to the civil justice system such as depositions,
Where Have All The Idealists Gone? Long Time Passing, Part III
By Jeffrey Krivis - April 2, 2015
To appreciate any new movement it is helpful to understand the motivation of the early idealists who planted the first seeds. Many were disillusioned lawyers, often referring to themselves as “recovering attorneys.” Others were devout supporters of the civil justice system (judges, professors, trial lawyers) dedicated to its ongoing improvement.
Fort Worth COA Holds Arbitral Agreement Was Incorporated by Reference in Performance Bond Dispute
By Beth Graham - April 2, 2015
In Granite Re Inc. v. Jay Mills Contracting Inc., No. 02-14-00357-CV (Tex. App. – Fort Worth, March 26, 2015), the City of Granbury, Texas hired a contractor, Jay Mills Contracting (“JMC”), to design and install a boardwalk and several docks. After that, JMC contracted with another company, North American Marine Industries (“NAMI”), to complete the project.
Where Have All The Idealists Gone? Long Time Passing, Part II
By Jeffrey Krivis - April 1, 2015
Over the years, a common theme heard among litigators after a grueling case where one side loses is that there must be a better way to manage disputes. In the mid -1970s, legal scholars from around the nation came together to review ways to make the legal process more user-friendly and accessible. They concluded, among other things, that a multi-door courthouse with processes that were designed to fit the forum to the dispute might be worth consi
12
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy