Karl Bayer's Disputing Blog

Article | Representation in Mediation: What We Know From Empirical Research

By Beth Graham - December 28, 2010

Dr. Roselle Wissler, Research Director, Lodestar Dispute Resolution Program and Faculty Fellow, Center for Law, Science & Innovation at Arizona State University’s Sandra Day O’Connor College of Law, recently published an article entitled Representation in Mediation: What We Know From Empirical Research, 37 Fordham Urb. L. J. 419 (2010). In her article, Dr. Wissler examines the effect of legal representation on the various stages of the mediat

Article | Helping Lawyers Help Clients Make Good Decisions About Dispute Resolution

By Beth Graham - December 23, 2010

John Lande, Director of the LLM Program in Dispute Resolution and Isidor Loeb Professor at the University of Missouri School of Law, recently published a useful article entitled Helping Lawyers Help Clients Make Good Decisions About Dispute Resolution, 17 Dispute Resolution Magazine 14, (Fall 2010). In the article, Professor Lande “suggests a strategy to help lawyers counsel clients in choosing dispute resolution options.” Here is the abstract: L

Article | IBA Revises Rules on the Taking of Evidence in International Arbitration

By Beth Graham - December 21, 2010

Disputing would like to thank Paul Lurie for alerting us to an interesting article published in Lexology on December 10th entitled IBA revises rules on the taking of evidence in international arbitration by Stephen Anway and George Von Mehren of the Cleveland, OH office of Squire, Sanders & Dempsey, LLP. Here is a summary: While the revised IBA Rules maintain important aspects of the 1999 version, they introduced several changes intended to u

Article | Mediation: The “New Arbitration”

By Beth Graham - December 14, 2010

Jacqueline M. Nolan-Haley, Professor of Law and Director of the ADR and Conflict Resolution Program at Fordham University School of Law, has written an interesting article entitled Mediation: The “New Arbitration,” 17 Harvard Negotiation Law Review, Forthcoming; Fordham Law Legal Studies Research Paper No. 1713928. In the article, Professor Nolan-Haley argues that the boundaries between mediation and arbitration have become increasingly blurred a

Medical Malpractice & Electronic Health Records (EHRs)

By Holly Hayes - December 10, 2010

by Holly Hayes An article in the November 18, 2010 issue of the New England Journal of Medicine (NEJM) explores “Medical Malpractice Liability in the Age of Electronic Health Records.” The Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 authorized an estimated $14 billion to $27 billion to promote “meaningful use” of electronic health records (EHRs) by clinical providers. The authors of the article

CIArb Launches Major Survey Into Costs of International Arbitration

By Beth Graham - December 9, 2010

On November 26th, the Chartered Institute of Arbitrators (CIArb) launched a major survey into the costs of international arbitration. According to the CIArb News: The ‘Costs of Arbitration’ survey will gather data to inform parties, legal representatives and arbitrators about the overall costs of international commercial arbitration and how these are incurred at each stage. The results will be analysed and presented at an internationa

Article | Class Arbitration Outside the United States: Reading the Tea Leaves

By Beth Graham - November 23, 2010

A new paper is available from S.I Strong, Associate Professor of Law at the University of Missouri and contributor to this blog, entitled Class Arbitration Outside the United States: Reading the Tea Leaves. The paper was initially presented at the International Chamber of Commerce’s (ICC) Thirtieth Anniversary Annual Meeting on Multiparty Arbitration, held last December in Paris. The finished work appears in Dossier VII: Arbitration and Multipart

District of Columbia Adopts Foreclosure Mediation Process

By Beth Graham - November 22, 2010

Another United States jurisdiction has adopted a mediation process to address the ongoing foreclosure crisis. The District of Columbia (D.C.) Council approved the “Saving D.C. Homes from Foreclosure Act of 2010,” earlier this month. The measure requires lenders to participate in six months of mediation with a homeowner prior to foreclosure. According to the Washington Post: Mediation allows the borrower and the lender’s representative to ne

Article | From Class to Collective: The De-Americanization of Class Arbitration

By Beth Graham - November 16, 2010

S.I Strong, Associate Professor of Law at the University of Missouri and contributor to this blog, recently wrote an interesting article entitled From Class to Collective: The De-Americanization of Class Arbitration, Arbitration International, Vol. 26, No. 4, 2010. In the article, Professor Strong considers in detail what new forms of group arbitration will likely arise in the future. Here is the Abstract: Opponents to international class arbitra

48 New Mediators Sworn In to Nevada Foreclosure Mediation Program

By Beth Graham - November 15, 2010

On October 27th, 48 new mediators were sworn in to the State of Nevada Foreclosure Mediation Program (FMP). This brings the total number of authorized FMP mediators in Nevada to 293. The FMP was created by Assembly Bill 149 during the 2009 Nevada Legislature session. According to a June 21, 2010 fact sheet: The FMP applies to residential properties located in Nevada that are owner occupied and the primary home of the owners. Additional eligibilit