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2009 Developments in Mediation: Joint Commission Standard on Code of Conduct
By Victoria VanBuren - January 8, 2010
by Holly Hayes Health care leaders have known for years that disruptive behaviors are a serious problem. Verbal outbursts, refusing to take part in assigned duties and condescending attitudes all create breakdowns in the teamwork, collaboration and communication needed to deliver patient care. A study by The Institute for Safe Medication Practices (ISMP) found that 40 percent of clinicians have remained passive or kept quiet during patient care e
GUEST-POST PART II | Employment Arbitration: Short-Term Value but Long-Term Harm
By Victoria VanBuren - January 7, 2010
by F. Peter Phillips This post continues Part I. As drafted, the Arbitration Fairness Act of 2009 (House Bill 1020) would amend Section 2(b) of the FAA to render invalid any pre-dispute arbitration agreement that purports to require arbitration of “an employment, consumer, or franchise dispute.” (“Franchise dispute?” How did that get in there? I would have thought that, subject to FTC regulation and state disclosure requirements, franchise is a p
GUEST-POST PART I | Employment Arbitration: Short-Term Value but Long-Term Harm
By Victoria VanBuren - January 6, 2010
by F. Peter Phillips One hot, lonely summer day in 1958, at our rural home near Crozet, Virginia, I was working on an 8-year old’s project: dislodging a big quartz rock that was buried in the gravel driveway. After a few hours I realized the trowel just wouldn’t do the job. So I found a wood chisel in my Dad’s tool chest. “Ah-ha!” I thought, “This is just the thing! I’ll reduce it to bits and dislodge it a chunk at a time!” By the time Dad got ba
On the International News: Mediation in Hong Kong
By Victoria VanBuren - January 5, 2010
Karl Bayer came across this interesting recent reform affecting the resolution of disputes in Hong Kong: Judiciary makes case for mediation Monday, January 04, 2010 Mediation, a process that aims to resolve disputes and keep them out of the courts, takes another step forward today with the Judiciary opening an information office on the practice.The Mediation Information Office has been established under the Judiciary’s Practice Direction 31
Professor Alan Scott Rau Comments on Dealer Computers v. Old Colony Motors
By Victoria VanBuren - January 4, 2010
by Alan Scott Rau Can this possibly be right? For one thing, I would have thought that ordering the payment of a deposit should be a matter for the court, not the arbitrator: It seems to be a question of whether and how to “order the parties to arbitration in accordance with their agreement” under section 4 of the FAA—-not a question of the “procedure” for the arbitration. What if the respondent is challenging the very existence of an arbitration
Top 10 Most-Viewed Arbitration and Mediation Disputing Blog Posts of 2009
By Victoria VanBuren - January 1, 2010
Happy New Year from Disputing! We are pleased to share with you our 10 most popular blog posts of 2009: Texas HB 2256 Makes Possible a New Mediation Procedure for ‘Balance Billing’ by Holly Hayes (Jun. 29) Professor Alan Scott Rau Comments on In re Morgan Stanley (Jul. 15) Texas House Bill 2256 and Bad Faith Mediation in ‘Balance Billing’ by Holly Hayes (Aug. 5) Professor Alan Scott Rau Comments on Stolt-Nielsen, S.A. v. A
2009 Developments in Mediation: Mediation Confidentiality
By Victoria VanBuren - December 31, 2009
by Holly Hayes Our August post on the “bad faith” mediation section of Texas House Bill 2256 (read more about the bill here) that requires the mediator to report bad faith mediation to the insurance commissioner or the Texas Medical Board, as appropriate, prompted our attention to how other states are addressing confidentiality in mediation. Texas operates under the Alternate Dispute Resolution Procedures (Chapter 154) of the Civil Pr
2009 Arbitration and E-Discovery Guest-Blogs by Disputing
By Victoria VanBuren - December 30, 2009
During 2009, we also had the honor to guest-post on arbitration and e-discovery: “Hall Street Meets S. Maestri Place: What Standards of Review will the Fifth Circuit Apply to Arbitration Awards Under FAA Section 10(a)(4) after Citigroup?” posted on May 4, 2009 at the Loree Reinsurance and Arbitration Law Forum. (post available here) “E-Discovery and the Enron E-mail Dataset Research,” posted on October 21, 2009 at Peter Vo
2009 Arbitration and Mediation Guest-Bloggers at Disputing
By Victoria VanBuren - December 29, 2009
During 2009, we were honored to post contributions from several law professors and practitioners. Some wrote guest-posts, others submitted comments via e-mail, and yet others alerted us of important developments in the ADR area. We would like to thank our blog contributors for improving Disputing‘s legal scholarship! If you are interested in submitting materials for Disputing, please e-mail us at: victoria@karlbayer.com. Check out our 2009
Fifth Circuit Rules that the Arbitrators -Not the Courts- Must Decide Who Pays the AAA Arbitration Fees
By Victoria VanBuren - December 28, 2009
The United States Court of Appeals for the Fifth Circuit held that the payment of a deposit for an arbitration was a procedural matter for the arbitrators to decide. In Dealer Computers Svc v. Old Colony Motors, No. 09-20049 (5th Cir. Nov. 19, 2009) Old Colony Motors, Inc. (Old Colony) contracted with Dealer Services, Inc. (Dealer Services) for the purchase and maintenance of computer hardware and software for Old Colony’s dealership. Old C
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