Menu
All articles by victoria
750 articles found
Mediation Confidentiality
By Victoria VanBuren - September 19, 2009
by Holly Hayes A recent post on the “bad faith mediation” section of Texas HB 2256 has prompted comments and discussion regarding the confidentiality of mediation. Texas mediators operate under the Civil Practice & Remedies Code, Chapter 154. Alternate Dispute Resolution Procedures. Specific sections of this code that address confidentiality are as follows: § 154.053. STANDARDS AND DUTIES OF IMPARTIAL THIRD PARTIES. (a) A person a
Jones v. Halliburton: Fifth Circuit Rules on Arbitration of Tort Claims by an Employee
By Victoria VanBuren - September 18, 2009
[Ed. note: see our previous posts about this case here and here.] The United States Court of Appeals for the Fifth Circuit held that claims for (1) assault and battery; (2) intentional infliction of emotional distress; (3) negligent hiring, retention and supervision of employees involved in a sexual assault; and (4) false imprisonment are not related to the plaintiff’s employment contract and refused to compel arbitration. I. Background In
Class Action Suit Filed Against the National Arbitration Forum
By Victoria VanBuren - September 17, 2009
As brought up for discussion by Professor Peter Friedman at our Commercial and Industry Arbitration and Mediation LinkedIn Group, the law firm of Milberg LLP has filed a class action lawsuit against the National Arbitration Forum (NAF). The Complaint alleges, among other things, that NAF falsely presented its arbitration services as neutral. (read more here) [Update: Click on the link for the text of the Complaint Magnone v. Accretive LLC, courte
U.S. Congressional Hearing | “Mandatory Binding Arbitration – Is it Fair and Voluntary?”
By Victoria VanBuren - September 16, 2009
As reported by PointofLaw.com, the House Judiciary Committee Subcommittee on Commercial and Administrative Law held a hearing on September 15th, titled “Mandatory Binding Arbitration – Is it Fair and Voluntary?“ Witnesses included: Rep. Henry C. “Hank” Johnson (D-GA), sponsor of H.R. 1020 (a.k.a. “Arbitration Fairness Act”). The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration
Atlantic Coast In-House Article: The Role of Special Master in E-Discovery
By Victoria VanBuren - September 15, 2009
Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor to this blog, wrote an interesting piece about the role that a special master plays in electronic evidence disputes. Mr. Vogel writes that a special master in e-discovery usually: conducts interviews of IT employees; reviews software; examines data; searches websites; holds hearings on various disputes; assists judges by reviewing motions for summary judgment; and has priva
LinkedIn Commercial and Industry Arbitration and Mediation Group: Update
By Victoria VanBuren - September 14, 2009
On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of the LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here), an open forum for the discussion of industry and commercial ADR. The group is co-managed by Philip J. Loree Jr., Karl Bayer, Don Philbin, Robert Bear, and Victoria VanBuren. We are pleased to share with you that the group has since grown to 292 members.
Disputing Is One of Diane Levin’s 24 Alternative Dispute Resolution Blogs to Follow
By Victoria VanBuren - September 8, 2009
Diane Levin, who maintains the impressive World Directory of ADR Blogs and is the managing editor for the Mediation Channel, has named our blog Disputing as one of her 24 Alternative Dispute Resolutions Blogs to Follow. We invite you to read the post and subscribe to her recommended blogs here. Like Disputing, the Mediation Channel is a Mediate.com Featured Blog. Thank you Diane! Karl Bayer, Alyson Chaky, Holly Hayes, and Victoria VanBuren
Videos of the Congressional Hearing | Arbitration or Arbitrary?: The Misuse of Arbitration to Collect Consumer Debts
By Victoria VanBuren - September 7, 2009
As discussed in our previous posts (here, here, and here) a U.S. Congressional Hearing on consumer debt arbitration was held on July 22, 2009 in Washington D.C. We thought that you might be interesting in watching these videos. Part 1 Part 2 (please fast forward 4:40 minutes) Technorati Tags: arbitration, ADR, law, consumer arbitration
FEMA Creates New Arbitration Procedure for Claims Related to Hurricanes Katrina and Rita
By Victoria VanBuren - September 2, 2009
As announced by U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano, U.S. Senator Mary Landrieu of Louisiana and Federal Emergency Management Agency (FEMA) Administrator Craig Fugate, (see press release here) FEMA created a new arbitration process to expedite resolution of outstanding public assistance projects stemming from hurricanes Katrina and Rita. The administrative rules to govern this new arbitration process were publish
GUEST-POST PART IVA | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - September 1, 2009
Part IVA: Who Decides? By Philip J. Loree Jr. I. Introduction In Part III (here) we examined the background of Stolt-Nielsen and identified four issues that the United States Supreme Court will likely confront when it decides the case. In this part IVA we consider the first issue: Who decides whether class arbitration can be imposed on the parties when their arbitration agreements are silent on that point? Put differently, is the question one of
Legal Research
Recent Posts
Search
Legal Research
© 2026, Karl Bayer. All rights reserved. Privacy Policy