Karl Bayer's Disputing Blog

South Texas College Wins ICC Mediation Competition

By Victoria VanBuren - February 15, 2012

A team from South Texas College of Law has won the this year’s ICC International Commercial Mediation Competition in Paris, on February 8, 2012. A total of 66 teams from 32 countries participated in the competition, which included teams from Brazil, Singapore, the U.S., and Australia. Find the ICC press release here. Join us in congratulating the South Texas College of Law team!

Medina Valley ISD Reaches a Mediated Settlement in School Prayer Case

By Victoria VanBuren - February 13, 2012

The Medina Valley Independent School District (“ISD”) reached a mediated settlement agreement (“MSA”) with an agnostic family that argued that traditions at the Medina Valley ISD excluded their son’s beliefs. See Schultz v. Medina Valley Indep. Sch. Dist. No. SA-11-CA-422-FB, 2011 U.S. Dist. LEXIS 126969 (W.D. Tex. Nov. 2, 2011). The issue in the case was whether the Constitution allows for a governmental body (the M

14th Annual ABA Section of Dispute Resolution Spring Conference | Washington, DC, April 18-21, 2012

By Victoria VanBuren - February 7, 2012

The ABA Section of Dispute Resolution will host its Fourteenth Annual Spring Conference in Washington DC from April 18 – 21, 2012. The theme of the conference builds on the Section’s initiative this year of leading by promoting civil discourse: How do we as dispute resolvers lead critical, emotion charged discussions civilly working with people in opposite corners to collaborate and come to consensus? Find the conference schedule here. Registrati

CPR Institute | 29th Annual Awards for Outstanding Scholarship in ADR

By Victoria VanBuren - January 25, 2012

On January 11, the International Institute for Conflict Prevention & Resolution (“CPR Institute”) had its annual awards in New York. This year, the awards were presented to: ADR Center in Italy, co-founded by Giuseppe De Palo and Leonardo D’Urso. Award: Outstanding Practical Achievement. Roselle L. Wissler for her work, “Court-Connected Settlement Procedures: Mediation and Judicial Settlement Conferences” 26 Ohio St. J. on D.R. 27

NYSBA: Best Practices In E-Discovery In New York State and Federal Courts

By Victoria VanBuren - January 20, 2012

The New York State Bar Association issued a couple of months ago a report entitled, “Best Practices in E-Discovery in New York State and Federal Courts.” The report contains guidelines intended to provide New York practitioners with practical, concise advice in managing e-discovery issues in both state and federal courts in New York, and to be a reference for best practices in e-discovery based on the current state of the law -but can

CPR Institute Announces Its Patent Mediation Task Force

By Victoria VanBuren - January 18, 2012

Via the Court ADR Connection Resolution Systems Institute‘s newsletter we learned that the International Institute for Conflict Prevention and Resolution (“CPR Institute”) recently created a Patent Mediation Task Force. The objective of the Task Force is to investigate ways to improve the use of alternative dispute resolution in patent disputes. The Task Force has already formed three subcommittees: 1) pre-mediation; 2) mediatio

ABA Mediation Video Contest on YouTube | Deadline: February 1, 2012

By Victoria VanBuren - January 17, 2012

The American Bar Association Section of Dispute Resolution invites you to participate in their second annual Mediation Video Contest on YouTube®. The theme is “Civility and Civil Public Discourse.” Find out information on eligibility, contest rules, prizes, and judging criteria here.

Check Out Pictured It Settled: The Negotiator’s App

By Victoria VanBuren - January 12, 2012

We invite you to check out Pictured It Settled, a premier App for negotiators. Created by Don Philbin (contributor of this blog), Pictured It Settled helps negotiators to (a) see whether and when settlement negotiations might end in a deal; (b) calculate future offers based on the prior moves of the parties; and (c) keep track of multiple negotiations in a single place. Learn more about Pictured It Settled here or visit the iTunes App Store here.

NLRB Finds that Certain Arbitration Agreements Violate Federal Labor Law

By Victoria VanBuren - January 10, 2012

As the New York Times reports, the National Labor Relations Board (NLRB) ruled on January 3, 2012 that employers could not prevent workers from filing work-related class actions. This ruling will effectively make certain employment agreements that require workers to pursue all claims individually via arbitration null and void. The decision on D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764 is here and the NLRB press release is here. Stay tu

Public Citizen Petitions Starbucks to Remove Pre-Dispute Arbitration Clause from Gift Cards

By Victoria VanBuren - December 16, 2011

In November, consumer advocate group Public Citizen petitioned Starbucks to revise its Gift Cards Terms of Service. Public Citizen’s letter to Starbucks says that terms of service on Starbucks gift cards make customers settle any legal claims that may arise when using the cards in a private arbitration rather than a court of law. The terms also ban class actions. Public Citizen is asking Starbucks to amend the terms of use on the gift cards