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Texas Lawyer: Family Law Council Files Rare Amicus Over Mediation Issue
By Victoria VanBuren - January 26, 2012
We found this interesting story in Texas Lawyer about a mediated settlement agreement: For the first time in 25 years, the State Bar of Texas Family Law Council has filed an amicus curiae brief in an appeal pending before the Texas Supreme Court. The council submitted the brief on Jan. 9, urging the Supreme Court to grant a mandamus to force a family law judge to approve a mediated settlement agreement (MSA) in a custody dispute. The judge in tha
CPR Institute | 29th Annual Awards for Outstanding Scholarship in ADR
By Victoria VanBuren - January 25, 2012
On January 11, the International Institute for Conflict Prevention & Resolution (“CPR Institute”) had its annual awards in New York. This year, the awards were presented to: ADR Center in Italy, co-founded by Giuseppe De Palo and Leonardo D’Urso. Award: Outstanding Practical Achievement. Roselle L. Wissler for her work, “Court-Connected Settlement Procedures: Mediation and Judicial Settlement Conferences” 26 Ohio St. J. on D.R. 27
GUEST-POST | Definitive Creative Impasse-Breaking Techniques in Mediation: Sausage Making Laid Bare
By Victoria VanBuren - January 24, 2012
This is my second post giving you a tease from one or more chapter in Definitive Creative Impasse-Breaking Techniques in Mediation, Molly Klapper, J.D., Ph.D. (NYSBA 2011). Find the first post here. Today, I would like to focus on Simeon Baum’s “Sausage Making Laid Bare.” Simeon Baum is a leading NY mediator and former chair of the NYSBA’s Dispute Resolution Section. He actually contributed two separate chapters to the book and has the literal la
NYSBA: Best Practices In E-Discovery In New York State and Federal Courts
By Victoria VanBuren - January 20, 2012
The New York State Bar Association issued a couple of months ago a report entitled, “Best Practices in E-Discovery in New York State and Federal Courts.” The report contains guidelines intended to provide New York practitioners with practical, concise advice in managing e-discovery issues in both state and federal courts in New York, and to be a reference for best practices in e-discovery based on the current state of the law -but can
CPR Institute Announces Its Patent Mediation Task Force
By Victoria VanBuren - January 18, 2012
Via the Court ADR Connection Resolution Systems Institute‘s newsletter we learned that the International Institute for Conflict Prevention and Resolution (“CPR Institute”) recently created a Patent Mediation Task Force. The objective of the Task Force is to investigate ways to improve the use of alternative dispute resolution in patent disputes. The Task Force has already formed three subcommittees: 1) pre-mediation; 2) mediatio
ABA Mediation Video Contest on YouTube | Deadline: February 1, 2012
By Victoria VanBuren - January 17, 2012
The American Bar Association Section of Dispute Resolution invites you to participate in their second annual Mediation Video Contest on YouTube®. The theme is “Civility and Civil Public Discourse.” Find out information on eligibility, contest rules, prizes, and judging criteria here.
Check Out Pictured It Settled: The Negotiator’s App
By Victoria VanBuren - January 12, 2012
We invite you to check out Pictured It Settled, a premier App for negotiators. Created by Don Philbin (contributor of this blog), Pictured It Settled helps negotiators to (a) see whether and when settlement negotiations might end in a deal; (b) calculate future offers based on the prior moves of the parties; and (c) keep track of multiple negotiations in a single place. Learn more about Pictured It Settled here or visit the iTunes App Store here.
U.S. Supreme Court Decides CompuCredit v. Greenwood
By Victoria VanBuren - January 11, 2012
Yesterday, the U.S. Supreme Court handed down CompuCredit Corporation v. Greenwood. The issue in CompuCredit was whether claims under the Credit Repair Organizations Act are subject to arbitration. The Court held that because the Credit Repair Organizations Act is silent on whether claims can proceed in an arbitrable forum, the Federal Arbitration Act requires the arbitration agreement to be enforced according to its terms. The opinion is here. W
GUEST-POST | Addressing Impasse by Helping the Parties Value the Case
By Victoria VanBuren - January 11, 2012
We welcome Laura A. Kaster as a guest-blogger at Disputing. Laura will discuss a chapter of the book Definitive Creative Impasse-Breaking Techniques in Mediation, edited by Molly Klapper (NYSBA 2011) in which Laura is a co-author. Stay tuned for more posts from Laura. By Laura A. Kaster Molly Klapper had a wonderful idea. She decided to collect a wide variety of practitioners’, teachers’ and luminaries’ targeted techniques for anticipating, manag
NLRB Finds that Certain Arbitration Agreements Violate Federal Labor Law
By Victoria VanBuren - January 10, 2012
As the New York Times reports, the National Labor Relations Board (NLRB) ruled on January 3, 2012 that employers could not prevent workers from filing work-related class actions. This ruling will effectively make certain employment agreements that require workers to pursue all claims individually via arbitration null and void. The decision on D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764 is here and the NLRB press release is here. Stay tu
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