Karl Bayer's Disputing Blog

Highly Accurate Predictive Analytics Used to Help Settle Longshot Mediation

By Beth Graham - February 3, 2014

According to reports, Mary Brennan Stich, Vice-President and Associate General Counsel of Rackspace Hosting, recently used Picture It Settled® in a case that she considered to be a longshot for settlement.

Arbitrator Poised to Issue Decision in Appeal Over A-Rod’s 211-Game Suspension

By Beth Graham - January 5, 2014

The independent arbitrator who is now considering an appeal over Major League Baseball (MLB) player Alex Rodriguez's unprecedented 211-game suspension, Fredric Horowitz, will reportedly issue a decision to uphold, reduce, or toss the penalty in the near future.

Armstrong Seeks to Avoid Review of 2006 Arbitration Settlement

By Beth Graham - January 2, 2014

In late December, former professional bicyclist Lance Armstrong and United States Postal Service bicycling team owner Tailwind Sports filed individual motions to stay arbitral proceedings in a case brought by Dallas-based sports insurer SCA Promotions over bonuses paid to Armstrong following several of his Tour de France wins.

ABA’s Planned Early Dispute Resolution Task Force Publishes User Guide

By Beth Graham - October 18, 2013

The American Bar Association’s Planned Early Dispute Resolution (“PEDR”) Task Force has published a User Guide for Planned Early Dispute Resolution designed to assist businesses with effectively managing disputes as quickly as possible after they arise.

FINRA Considering Whether Firms Should be Required to Carry Insurance to Pay Arbitration Awards

By Beth Graham - October 4, 2013

The Financial Industry Regulatory Authority (“FINRA”) is reportedly considering whether to require brokerage firms to purchase and maintain errors and omissions insurance policies that would be used to pay investors following arbitration.

New AAA Commercial Arbitration Rules and Mediation Procedures Go Into Effect Today

By Beth Graham - October 1, 2013

New American Arbitration Association (“AAA”) Commercial Arbitration Rules and Mediation Procedures Including Procedures for Large, Complex Commercial Disputes go into effect today.

Arbitrators Rule in Favor of Chevron in Ecuador Oil Pollution Dispute

By Beth Graham - September 26, 2013

A panel of three international arbitrators has found that United States oil company Chevron is not liable for “collective damage” claims in the company’s ongoing dispute over oil contamination in parts of Ecuador’s Amazon rainforest.

Online Dispute Resolution (ODR): What is it, and is it the Way Forward?

By Beth Graham - September 24, 2013

Julio César Betancourt, Head of Research & Academic Affairs at the Chartered Institute of Arbitrators, and Elina Zlatanska, Research Assistant at Chartered Institute of Arbitrators, have published an interesting article entitled, Online Dispute Resolution (ODR): What is it, and is it the Way Forward?, 79 International Journal of Arbitration, Mediation and Dispute Management, Issue 3, 2013.

NFL, Former Players Agree to $765 Million Settlement During Court-Ordered Mediation

By Beth Graham - September 4, 2013

According to reports, the National Football League (NFL) has agreed to a mediated settlement of $765 million in connection with a concussion lawsuit filed in 2011 by more than 4,500 former professional football players.

Number of Civil Jury Trials Conducted in Texas Reaches a 40-Year Low

By Beth Graham - July 5, 2013

According to a recent report, the number of civil jury trials held each year across the State of Texas has declined to a 40-year low. Instead, many civil cases are now being decided using alternative dispute resolution methods such as pretrial mediation and arbitration.