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GUEST-POST: Bad Faith Mandatory Mediation by Software Developer

By Victoria VanBuren - August 28, 2009

By Peter S. Vogel The mandatory mediation provision of the software development agreement seemed like a good idea to me since a mediation conference was required before litigation could be filed. However, it turned out to be a ploy. The California software vendor had a contract for software development for the implementation of a new Enterprise Resource Program (ERP) system for a large company in Mississippi. Unfortunately as things turn out abou

GUEST-POST: Creative Mediation for IT Dispute

By Victoria VanBuren - August 12, 2009

By Peter S. Vogel After receiving a Temporary Restraining Order (“TRO”) the Judge ordered a mediation conference between the plaintiff software licensor and their customer in Alabama. The software in dispute was a specialized tax website that the plaintiff had spent many years developing, and after defendant abruptly terminated the license the plaintiff was shocked that the defendant had a competing website providing specialized tax s

Texas House Bill 2256 and Bad Faith Mediation in ‘Balance Billing’

By Holly Hayes - August 5, 2009

By Holly Hayes As discussed in my previous post, Texas House Bill 2256 was signed into law on June 19, 2009. The bill provides a procedure for mediation of “balance billing,” which is the practice of billing insured patients for amounts or balances not covered by the insurer. HB 2256 also includes the following section on “bad faith” mediation: SUBCHAPTER C. BAD FAITH MEDIATION Sec. 1467.101. BAD FAITH. (a) The following conduct

Fifth Circuit: You Should Not Be Allowed a Second Bite at the Apple Through Arbitration

By Victoria VanBuren - July 30, 2009

The United States Court of Appeals for the Fifth Circuit held that a party waived its right to arbitrate by waiting one year after the suit was filed before seeking to compel arbitration. In Petroleum Pipe Americas Co., v. Jindal Saw Ltd., (No. 08-20461) (5th. Cir. July 9, 2009) Defendant Jindal Saw Ltd. (“Jindal”) is an Indian manufacturer of pipelines and plaintiff Petroleum Pipe Americas Corp. (“PPA”) is a Texas corpora

The American Arbitration Association Confirms Today That It Suspends Arbitration of Consumer Debt Collection

By Victoria VanBuren - July 23, 2009

The Wall Street Journal reported that on Tuesday, a representative of the American Bar Association (“AAA”) said the organization will stop participating in consumer-debt-collection disputes until “new guidelines are established.” Read the full story here: An Arbitration Revolution? AAA Joins NAF, Stops Taking New Cases. Hat tip to our good friend and blog contributor Glen M. Wilkerson. Update: The AAA just released the fol

Mediation in Healthcare

By Holly Hayes - May 25, 2009

By Holly Hayes While the use of mediation for conflict resolution is gaining strength in a number of industries, a recent accreditation standard (LD.01.03.01) issued by The Joint Commission is expected to prompt hospitals to explore an expanded use of mediation to manage conflict in the healthcare setting. The new Leadership Standard: Conflict Management Standard LD.01.03.01 became effective January 2009. The overall standard states, “The governi