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Liability Reform Discussed at President Obama’s Health Care Summit
By Victoria VanBuren - March 10, 2010
By Holly Hayes On Feb. 23, the American Medical Association and 76 other medical societies wrote a letter to President Barack Obama and congressional leaders asking them to adopt legislation to reduce unnecessary medical lawsuits. “‘Defensive medical procedures, prompted by the threat of litigation, add substantial costs for individuals, private and public payers,” the letter stated (read the letter here). At President ObamaR
International Mediation Law Review Article | Transatlantic Perspectives on Alternative Dispute Resolution: Teaching Comparative Perspectives in Mediation
By Victoria VanBuren - March 9, 2010
We came across an interesting article from the landmark symposium Transatlantic Perspectives on Alternative Dispute Resolution. The piece is entitled Teaching Comparative Perspectives in Mediation: Some Preliminary Reflections, 81 St. John’s L. Rev. 259 (2007) and was written by professor Jacqueline Nolan-Haley (pictured right). Here is an excerpt: Introduction Mediation is no longer the stepchild of international dispute resolution practic
Texas Doctor Proposes Physician-Led Solution to Cut Health Care Costs
By Victoria VanBuren - March 8, 2010
By Holly Hayes The New York Times posted last week an interview with Dr. Howard Brody (pictured left), professor of family medicine and director of the Institute for the Medical Humanities at the University of Texas Medical Branch in Galveston, discussing a proposal for health care reform involving physicians. Physicians, Dr. Brody says, are not “innocent bystanders” to increasing health care costs but have made little effort to limit future medi
Applying Conflict Resolution Skills in Health Care PART IV: Invent Options for Mutual Gain
By Victoria VanBuren - March 5, 2010
By Holly Hayes Conflict in health care differs from conflict in other arenas because it can result in significant negative outcomes – in some cases, life or death. Part IV in our series on applying conflict resolution skills in the health care setting follows the Principled Negotiation techniques described by Roger Fisher and William Ury in Getting to Yes with a focus on “inventing options for mutual gain”. Part I in the series can be viewed (her
Fifth Circuit Reinstates NASD Arbitration Award
By Victoria VanBuren - March 4, 2010
The United States Court of Appeals for the Fifth Circuit held that a NASD arbitration panel did not exceed its authority when awarded attorney’s fees directly to counsel. In Institutional Capital Management, Inc. v. Claus, No. 08-20710 (5th Cir. Feb. 11, 2010), Leonard Claus and Institutional Capital management (ICM) entered into an agreement to buy and sell bonds. After a dispute over some bonds that Claus originally purchased to sell to Sterlin
Adjunct Law Prof Blog: Mediation Privilege Recognized In Ohio
By Victoria VanBuren - March 3, 2010
Professor Mitchell H. Rubinstein at the Adjunct Law Prof discussed last week this mediation confidentiality case: Anthony v. Andrews, 2009 WL 4547605 (Ohio Ct. App. Dec. 4, 2009), is an interesting mediation case. Rebecca Anthony sued Dr. Annette Andrews in state court alleging medical malpractice. During a court-ordered mediation, Andrew’s counsel informed the mediator that Andrews would not give her consent to settle the matter and had ne
State Bar of Texas Alternative Dispute Resolution Section| Winter 2010 Newsletter
By Victoria VanBuren - March 1, 2010
The Alternative Dispute Resolution Section of the State Bar of Texas has recently published its Winter 2010 newsletter. The newsletter contains the following articles: Judicial Survey on Alternative Dispute Resolution Processes Preliminary Analysis and Report (2009) Improving the Quality of Healthcare: Resolving Claim Disputes in Medicine Mediation of Medical Licensure Issues Before the Texas Medical Board Thankful for Unanswered Prayers? Unconsc
Applying Conflict Resolution Skills in Health Care PART III: Focus on Interests, Not Positions
By Victoria VanBuren - February 26, 2010
By Holly Hayes Our health care conflict resolution series began with Part I, applying the “principled negotiation” method to health care (post available here) and followed with Part II, examining a case study of “Separating the People from the Problem” (post available here). In this post, let’s take an example of a physician and a hospital group negotiating to buy the physician’s practice to see how “positional bargaining” results in failure to f
U.S. Arbitration and Mediation Legislative Update
By Victoria VanBuren - February 25, 2010
The following bills relating to alternative dispute resolution were introduced by the 111st Congress. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: “An Act Making Appropriations for the Department of Defense for the Fiscal Year Ending September 30, 2010, and for Other Purposes” contains an amen
Prawfsblawg: Allocating Power Between Courts and Arbitrators – and Why Scholars of Federal Courts Should Care
By Victoria VanBuren - February 23, 2010
Aaron Bruhl (pictured left) Professor at the University of Houston Law Center, has posted this interesting commentary at the Prawfsblawg yesterday about Rent-A-Center v. Jackson, the upcoming U.S. Supreme Court case about whether courts or arbitrators should decide the issue of unconscionability. (previously discussed here). Here is an excerpt: The Federal Arbitration Act makes arbitration agreements as enforceable as all other contracts. In Apri
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