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2009 Developments in Mediation: President Barack Obama’s Plan for Tort Reform
By Victoria VanBuren - December 25, 2009
by Holly Hayes In September 2009, President Obama instructed the Secretary of Health and Human Services to move forward with awarding medical malpractice demonstration grants to states funded by the Agency for Healthcare Research and Quality (AHRQ) to help doctors focus on putting their patients first, not on practicing defensive medicine. (read more here and here) In October, the Congressional Budget Office (CBO) released a letter updating its a
2009 Developments in Arbitration: Manifest Disregard of the Law
By Victoria VanBuren - December 24, 2009
In addition to the grounds for vacating awards provided by the Federal Arbitration Act (FAA), courts have developed the doctrine of “manifest disregard” of the law as a common-law ground to vacate awards. An arbitral panel is said to have manifestly disregarded the law if, knowing the existence of a clear legal principle, refuse to apply it. However, in 2008, in Hall Street Associates, LLC v. Mattel, Inc., 128 S.Ct. 1396 (2008) the U.S. Supreme C
2009 Developments in Arbitration: Consumer and Employment Arbitration
By Victoria VanBuren - December 23, 2009
The year of of 2009 has seen no shortage of changes in the area of consumer and employment arbitration. I. The Arbitration Fairness Act of 2009 A general sense seems to be emerging, among some at least, that arbitration may be going too far, and a legislative movement at the federal level has emerged that promotes the so-called Arbitration Fairness Act of 2009, which, if passed, would limit the use of binding arbitration in consumer, employment,
U.S. Supreme Court Rules on Railway Labor Act Pre-Arbitration Conference Requirement
By Victoria VanBuren - December 22, 2009
This month, the United States Supreme Court handed down Union Pacific v. Brotherhood of Locomotive Engineers, 558 U.S. ___(Dec. 8, 2009). Justice Ginsburg delivered the opinion for a unanimous Court. The Railway Labor Act (RLA) as amended, provides for arbitration of “minor disputes” of railroad employees before a panels at the National Railroad Adjustment Board (NRAB or Board). These panels are composed of two representatives of labo
2009 Developments in Arbitration: Binding Non-signatories
By Victoria VanBuren - December 21, 2009
Recent opinions from the U.S. Supreme Court, the Texas Supreme Court, and the U.S. Court of Appeals for the Fifth Circuit demonstrate that it is quite possible for an agreement to arbitrate to exist in the absence of an actual written agreement signed by both purportedly bound parties to the litigation. I. U.S. Supreme Court In March 2009, the U.S. Supreme Court held in Arthur Anderson that a non-party to an arbitration agreement could appeal a t
2009 Developments in Mediation: Foreclosure Mediation Programs
By Victoria VanBuren - December 18, 2009
by Holly Hayes In light of the subprime mortgage crisis, several states have adopted mediation programs to assist homeowners and lenders reach a solution to a mortgage foreclosure action. Keith Seat, at Mediate.com posted recently an update on foreclosure mediation across the United States. Highlights include the introduction of federal legislation that would encourage state and local governments to create strong foreclosure mediation programs. T
President Barack Obama Signs Legislation that Provides for Arbitration to Appeal Termination of GM and Chrysler Franchise Agreements
By Victoria VanBuren - December 17, 2009
To follow up on our earlier post, here is an article by Automotive News: Neil Roland Automotive News December 17, 2009 WASHINGTON — President Barack Obama signed legislation that would give rejected General Motors Co. and Chrysler Group dealers access to neutral arbitration if they want to be reinstated, kicking off a a six-and-a-half months arbitration process. GM and Chrysler now have 30 days to send letters to the owners of about 2,150 r
2009 Texas Legislation on Arbitration and Mediation
By Victoria VanBuren - December 16, 2009
In 2009, the 81st Regular Session of the Texas Legislation adjourned on June 1. Following is a summary of some bills related to alternative dispute resolution filed during the session. Bills that passed: H.B. 2256. The bill relates to mediation of out-of-network health benefit claim disputes concerning enrollees, facility-based physicians, and certain health benefit plans. Here are the bill’s history and analysis. Posts by Holly Hayes discu
2009 U.S. Legislation on Arbitration and Mediation
By Victoria VanBuren - December 15, 2009
During 2009, the following bills relating to alternative dispute resolution were introduced and are currently being considered by the 111st Congress. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration in employment, consumer, and franchise contracts. Sen
General Motors and Chrysler Car Dealerships Might Head to Arbitration
By Victoria VanBuren - December 14, 2009
As readers may know, General Motors and Chrysler are planning to close nearly 2,000 dealerships as part of their reorganization plan. The New York Times reports on a House bill that would provide for binding arbitration as a way for car dealers to appeal the termination of their franchise agreements. The House has approved a compromise plan to give General Motors and Chrysler dealers an appeals process to keep their showrooms open. GM and Chrysle
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