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Archived articles from 2015
126 articles found
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
Where Have All The Idealists Gone? Long Time Passing, Part I
By Jeffrey Krivis - March 31, 2015
A recent discussion among a seasoned group of neutrals about the struggles of the professional mediator caught my eye. Some complained that the trend in litigated cases was to reduce the value of the mediator to a commodity, due to the constraints put on them by the litigants who were not process oriented.
Arbitration and Americanization: The Paternalism of Progressive Procedural Reform
By Beth Graham - March 30, 2015
Amalia D. Kessler, Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies and Professor (by courtesy) of History at Stanford University, has authored “Arbitration and Americanization: The Paternalism of Progressive Procedural Reform,” Yale Law Journal, 2015 Forthcoming; Stanford Public Law Working Paper No. 2586550.
Texas Supreme Court Orders Portions of Condo Construction Dispute to Arbitration
By Beth Graham - March 25, 2015
The Supreme Court of Texas has ordered a property developer to arbitrate its claims against a general contractor but refused to require it to submit the company’s claims against a number of other defendants to arbitration.
Consent Awards in International Arbitration: From Settlement to Enforcement
By Beth Graham - March 24, 2015
Dr. Yaraslau Kryvoi, Associate Professor at the University of West London and Senior Advisor to the International Courts Committee of the ABA Section of International Law, and Dr. Dmitry Davydenko, Visiting Fellow at Max Planck Institute for Comparative and International Private Law and Senior Associate with Muranov, Chernyakov & Partners, have published “Consent Awards in International Arbitration: From Settlement to Enforcement,” Brooklyn Journ
S.D. Texas Holds Arbitrator Must Decide Arbitrability Question in Employment Discrimination Case
By Beth Graham - March 23, 2015
The Southern District of Texas in Houston has ordered the question of arbitrability to be decided by an arbitrator in an employment discrimination case. In Valdez v. Autozone Inc., No. H-14-3386 (S.D. Tex., February 17, 2015), a woman, Valdez, filed a motion to compel arbitration against her former employer, Autozone, in the Southern District of Texas.
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