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Call for Papers: AALS Section on Alternative Dispute Resolution | Deadline: September 1, 2011
By Victoria VanBuren - August 9, 2011
The announcement below is a call for papers for a panel discussion hosted by the Association of American Law Schools (“AALS”): In connection with the 2012 Annual Meeting of the Association of American Law Schools in Washington, D.C., the AALS Section on Alternative Dispute Resolution will be sponsoring a panel discussion on “The Supreme Court and the Future of Arbitration.” Over the past twenty five years, the range of disputes subjec
Plaintiff Sues Arbitrator and the American Arbitration Association for Due Process
By Victoria VanBuren - August 8, 2011
As discussed in Lexology, a plaintiff filed a suit in federal court against the American Arbitration Association (“AAA”), the Arbitrator, and two employees of the AAA alleging that his due process rights were violated during the underlying arbitration proceedings. The court dismissed the action, concluding that the arbitral immunity set out in the Nevada’s Uniform Arbitration Act Section 38.229 protected the defendants against t
U.S. Arbitration and Mediation Update | August, 2011
By Victoria VanBuren - August 5, 2011
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Arbitration Fairness Act of 2011. Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbit
Mediation and Legal Malpractice
By Victoria VanBuren - August 3, 2011
By Brett Goodman In Texas, only a few cases have come out of the last decade concerning legal malpractice as relating to mediation. In Lehrer v. Zwernemann, after being unsatisfied with the work of the two attorneys he hired in a divorce proceeding, Lehrer sued two attorneys for malpractice. See Lehrer v. Zwernemann, 14 S.W.3d 775, 776 (Tex. App. – Hous. [1st Dist.] 2000, pet. denied). This subsequent suit went to mediation, but Lehrer again unsa
ABA 9th Annual Advanced Mediation and Advocacy Skills Training Institute | San Diego, Nov 03, 2011
By Victoria VanBuren - August 2, 2011
Need CLE credits? Mark your calendars! ABA will host its 9th Annual Advanced Mediation and Advocacy Skills Training course in San Diego, California on Nov. 3-4, 2011. The course was designed for mediators, litigators, judges, and in-house counsel. The 9th Annual Mediation and Advocacy Skills Institute topics will include: Preparing for mediation Maximizing the Joint Opening Session Ethical Issues Negotiating in the Caucus Stage Breaking Impasse D
Texas Court of Appeals Rejects Evident Partiality and Excess of Powers Challenges and Confirms Arbitration Award
By Victoria VanBuren - August 1, 2011
By Brett Goodman The Court of Appeals of Texas in Dallas has affirmed the decision of a trial court that confirmed an arbitration award ordering appellants take nothing from appellees. In Skidmore Energy, Inc. v. Maxus (U.S.) Exploration Co., (Tex. App. — Dallas July 12, 2011, no. pet. ) Skidmore Energy Inc. contended that the trial court erred confirming the arbitration award that they take nothing from Maxus (U.S.) Exploration Company. The two
What if there is an Insurance Claim Involved in my Mediation?
By Victoria VanBuren - July 29, 2011
Liability insurance policies often contain alternative dispute resolution clauses, including: (1) Binding arbitration only; (2) Mediation and, if mediation is unsuccessful, then binding arbitration; (3) Election between mediation and arbitration, with insured having veto power over the insurer’s selection; and (4) Mediation or binding arbitration with a waiting period before suit is filed if mediation is selected. See Ernest Martin, Jr, Hot Tips
Texas Arbitration and Mediation Legislative Update | July 28, 2011
By Victoria VanBuren - July 28, 2011
In addition to the bills discussed in our last post, the 82nd Texas legislature also passed H.B. No. 1951, relating to the continuation and operation of the Texas Department of Insurance; Bill Status; Analysis. Part of the bill is provided below. SECTION 1.003. Subchapter B, Chapter 36, Insurance Code, is amended by adding Section 36.110 to read as follows: Sec. 36.110. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) The comm
American Review of International Arbitration | Arbitration and National Courts: Conflict and Cooperation
By Victoria VanBuren - July 27, 2011
The American Review of International Arbitration, a law review by the Parker School of Foreign and Comparative Law at Columbia University published recently a hardback issue with papers presented at the University of Texas symposium back in May of 2010, on the theme, “Arbitration and National Courts: Conflict and Cooperation.” (previews of the conference papers are here). The issue includes papers by luminaries such has Michael Reisman of Yale, P
ICC to Unveil New Arbitration Rules at Conference | Paris, Sept. 12-13, 2011
By Victoria VanBuren - July 26, 2011
The International Chamber of Commerce (ICC) Rules of Arbitration have been newly revised to take into account current requirements and developments in arbitration practice and procedure since the last revision in 1998. The new Rules are the product of two years of work within the ICC Commission on Arbitration, a think tank of 620 dispute resolution specialists from 90 countries. The ICC will unveil the new Rules and explain the changes at a confe
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