Karl Bayer's Disputing Blog

Report Recommends ADR Processes

By Victoria VanBuren - May 6, 2009

Via the ADR Prof Blog, we learned that the American College of Trial Lawyers Task Force on Discovery and the Institute for the Advancement of the American Legal System released a report on March 11, 2009. The report recommends, among other things, that courts raise the possibility of pre-trial mediation and other alternative resolution processes. The full report is here . Technorati Tags: arbitration, ADR, law,

Read Our Guest-Post: Hall Street Meets S. Maestri Place

By Victoria VanBuren - May 5, 2009

We invite you to read our recent guest-post at the Loree Reinsurance and Arbitration Law Forum. Introduction by Philip J. Loree Jr: Guest Blogger Victoria VanBuren Discusses the Role of Federal Arbitration Act Section 10(a)(4) After Citigroup Global Markets, Inc. v. Bacon Guest-Post: 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? Technorat

U.S. Supreme Court Decided Arthur Andersen Case Today

By Victoria VanBuren - May 4, 2009

Today, the U.S. Supreme Court decided Arthur Andersen LLP v. Carlisle, No. 08-146. One of the issues resolved by the Court is whether a contract to arbitrate a dispute is enforceable by a nonsignatory party to the agreement. The text of the opinion is here. We will blog on this case after we read it.

Myths of Consumer Protection Law

By Victoria VanBuren - May 4, 2009

As previously blogged here, the debate over predispute arbitration clauses in contracts between businesses and consumers, employees, and franchisees is heating up. Supporters of the Arbitration Fairness Act of 2009 held a press conference last week on “Fairness Arbitration Day.” See related posts after the jump. In contrast, Professor Omri Ben-Shahar from the University of Chicago, spoke recently on the “Myths of Consumer Protec

Karl Bayer Announces Addition of Health Care Disputes Expert

By Victoria VanBuren - May 1, 2009

Holly Hayes has joined the team of Karl Bayer, Dispute Resolution Experts. Holly received a Masters in Health Administration from Duke University and her BA from Southern Methodist University. Holly brings a strong hospital operations background to medical malpractice mediations including a focus on clinical quality. Holly managed her own consulting firm for eight years with consultations including development of clinical service line toolkits; w

State Bar of Texas Annual Meeting and CLE on June 25-26 in Dallas

By Victoria VanBuren - April 30, 2009

Need CLE credits? The State Bar of Texas Annual Meeting and CLE will take place on June 25-26, 2009 at the Hilton Anatole in Dallas. The Alternative Dispute Resolution Section Program will be on June 25. Visit this link for more information. Technorati tags: arbitration, ADR, law, State Bar of Texas CLE

Arbitration Fairness Act of 2009: Analysis

By Victoria VanBuren - April 29, 2009

“Arbitration Fairness Day” is today (see background here and here). O. Russel Murray wrote an interesting analysis on the Arbitration Fairness Act of 2009 (a.k.a. H.R. 1020; the status of the bill is here). He acknowledges that there have been some problems with mandatory arbitration within the context of employment, consumer, franchises, and civil right claims. However, Mr. Murray believes that the Arbitration Fairness Act might be w

Arbitration Fairness Day: Follow Up

By Victoria VanBuren - April 24, 2009

[Ed. note: see new commentary on the Act here] Following up on my post of yesterday and to continue with our tradition to explore both sides of the issue, we would like to share with you this study on arbitration published by Public Citizen. Related links: Fair Arbitration Now Public Citizen Calls for 12 State to Investigate Insurers’ Use of Questionable Arbitration Firm Thanks to Cindy Schnackel, from Homeowners Against Deficient Dwellings

April 29: Arbitration Fairness Day

By Victoria VanBuren - April 23, 2009

[Ed. note: see follow up post here and new commentary on the Act here] As H.R. 1020 (“Arbitration Fairness Act of 2009″) blogged here moves through Congress, supporters of the bill prepare to hold a press conference in Washington D.C. on April 29, 2009 to lobby to end prospective arbitration in contracts between businesses and consumers, employees, homeowners, and franchise holders. Find the status of the bill here. Hat tip to Philip

ABA Spring 2009 Conference

By Victoria VanBuren - March 27, 2009

Need CLE credits? The Dispute Resolution Section of the ABA will be hosting its 11th Annual Spring Conference next month. The Conference brochure is here and online registration is here.