Menu
Featured on Mediate.com
2009 Developments in Mediation: Mediation Option for ‘Balance Billing’ in Health Care
By Victoria VanBuren - December 11, 2009
by Holly Hayes In June, we discussed the passage of Texas House Bill 2256, which provides a procedure for mediation of out-of-network health benefit claim disputes. Patients in Texas now have the option to mediate when they are ‘balance-billed’ by their insurance company for services provided by out-of-network facility-based physicians like radiologists, pathologists, neonatologists, and emergency room physicians. (post available here
Texas Supreme Court Compels Arbitration of Employment Discrimination Claims
By Victoria VanBuren - November 10, 2009
The Supreme Court of Texas held that an agreement to arbitrate discrimination claims between an employee and a staffing agency hired by the employer survives the dissolution of the contract between the staffing agency and employer. In the present case, In re Polymerica, __S.W.3d __ (Tex. 2009) (No. 08-1064), Polymerica, L.L.C. d.b.a Global Enterprises, Inc. (“Global”), a manufacture of plastics, hired Angelica Soltero in 1998. In 2002, Global con
Nebraska Supreme Court Refuses to Compel Arbitration in Nursing Home Case
By Victoria VanBuren - November 4, 2009
The present case comes as the U.S. Congress considers the Fairness in Nursing Home Arbitration Act of 2009. This Act would render pre-dispute arbitration clauses in nursing home contracts unenforceable (Senate version: S.512 and Status; House version: H.R. 1237 and Status). In Koricic v. Beverly Enters., 278 Neb. 713 (No. S-08-1167), Frank Koricic took his elderly mother, Manda Baker, to Beverly Hallmark (now operating as Beverly Enterprises), a
GUEST-POST | Mediating eDiscovery Disputes – Allison Skinner’s Brilliant Idea
By Victoria VanBuren - October 29, 2009
By Peter S. Vogel Allison O. Skinner is an attorney and full-time mediator at Sirote & Permutt and has written two outstanding articles about resolving eDiscovery disputes as a Mediator to develop a “Mediated Discovery Plan.” What a great way to help parties take advantage of the mediation process to reduce the out of control costs of eDiscovery and at the same time reach an amicable plan to deal with eDiscovery. Allison has setup a great mod
Pending U.S. Legislation on Arbitration and Mediation: Update
By Victoria VanBuren - October 14, 2009
The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills currently being considered during this session. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pr
The Uniform Mediation Act and Confidentiality
By Victoria VanBuren - October 2, 2009
By Holly Hayes As discussed in a previous post, an attempt has been made to explore confidentiality in the Uniform Mediation Act (UMA) and provide an updated list of the states who have implemented the Act, those where legislation is pending, states who have rejected the act and those who have chosen to adopt similar bills. The Uniform Mediation Act, constructed by committees from the National Conference of Commissioners on Uniform State Laws and
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
Industry Responses to Medical Malpractice Reform in President Obama’s Health Care Plan
By Holly Hayes - September 11, 2009
by Holly Hayes President Obama’s Plan on Health Care (discussed here and outlined here) includes a provision on medical malpractice reform that instructs the Secretary of Health and Human Services to award medical malpractice demonstration grants to states funded by the Agency for Healthcare Research and Quality. Following are some responses from industry leaders: American Hospital Association (AHA) President and CEO, Rich Umbdenstock, said
President Obama’s Health Care Speech: Tort Reform Implications to Arbitration and Mediation
By Holly Hayes - September 11, 2009
President Obama’s speech (text is here and videos: Parts I, II, III, IV, and V) to a joint session of the U.S.Congress delivered on September 9, briefly mentioned a proposal to move the medical malpractice lawsuits out of the court system and before mediators, medical expert panels, and arbitrators. Although we have not been able to find out the details of the plan –it appears that it will be announced within a month– here is wh
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy