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Fifth Circuit States Terms of Prior Agreements Were Not Incorporated Into Master Settlement Agreement

By Beth Graham - July 19, 2013

The United States Fifth Circuit Court of Appeals has held that the terms of two parties’ Merger and Cooperation Agreements were not incorporated into a Master Settlement Agreement entered into by only one of the parties. In Alford v. Kuhlman Electric Corporation, No. 11-60728, (5th Cir. May 24, 2013), BorgWarner, Inc. purchased Kuhlman Corporation ("Kuhlman") and all the company’s subsidiaries, including Kuhlman Electric Corporation (“KEC”).

Is Adjudication a Public Good?

By Beth Graham - July 16, 2013

University of Kansas School of Law Professor Stephen J. Ware has published Is Adjudication a Public Good? 'Overcrowded Courts' and the Private Sector Alternative of Arbitration, 14 Cardozo J. Conflict Resol. 899 (2013).

Dispute System Design: A Comparative Study of India, Israel, and California

By Beth Graham - July 10, 2013

Janet Martinez, Senior Lecturer in Law and Director of the Gould Negotiation and Mediation Program at Stanford Law School, Sheila Purcell, Director and Clinical Professor of the Center for Negotiation and Dispute Resolution at the University of California Hastings College of the Law, Hagit Shaked-Gvili, and Justice Mohan Mehta, have authored a thoughtful research paper that compares alternative dispute resolution mechanisms in three very differen

Supreme Court Upholds Agreement That Bans Class Arbitration Despite Costs

By Beth Graham - June 21, 2013

Yesterday, the United States Supreme Court issued a decision in American Express Corp. v. Italian Colors Restaurant, et al., No. 12-133, (June 20, 2013). The appeal from the United States Court of Appeals for the Second Circuit addressed whether the Federal Arbitration Act (FAA) allows a court to invalidate an arbitration agreement that does not permit class arbitration of a federal law claim.

Healthcare Collaboration: The Experience at One Hospital

By Holly Hayes - May 3, 2013

At Cleveland Clinic, a patient was asked to keep a journal of all the caregivers she saw over her five-day stay. In 2010, all 43,000 employees at Cleveland Clinic participated in a mandated half-day exercise that cost $11 million. According to CMS, the overall patient satisfaction for Cleveland Clinic has risen from 55% in 2008 to 92% in 2012 (approximately 4,600 hospitals were surveyed).

Arbitration and Access to Justice: Economic Analysis

By Beth Graham - April 26, 2013

In a recent paper entitled "Arbitration and Access to Justice: Economic Analysis", University of Chicago Law School Professor Omri Ben-Shahar argues that mandatory arbitration clauses in contracts generally benefit most consumers. He also states that limiting access to arbitration in favor of a courtroom often provides an advantage to only the most elite consumers.

Concerted Action Includes Concerted Dispute Resolution

By Beth Graham - April 10, 2013

Seton Hall Public Law Research Paper No. The Board’s articulation of labor law rights ordinarily is entitled to judicial deference. The Horton question will force the Court to confront the collision between what it says and what it does.

Fifth Circuit Upholds Arbitrator’s Decision in Employment Dispute

By Beth Graham - March 19, 2013

The United States Fifth Circuit Court of Appeals has affirmed a lower court’s order to confirm an arbitrator’s decision in an employment dispute. In Haag v. Infrasource Services, Inc., No. 12-60159, (5th Cir. February 20, 2013), an employee, Fred Haag, was terminated from his position with Infrasource Services, Inc. for alleged gross misconduct. Following his termination, Haag filed a lawsuit in the Southern District of Mississippi and the compan

Martha Stewart Living Ordered to Mediate Dispute With Macy’s and J.C. Penney

By Beth Graham - March 13, 2013

Mediation is in the news again. Last week, a New York judge ordered a dispute between Macy’s, Inc., J.C. Penney Co., and Martha Stewart Living to mediation. The lawsuit itself reportedly arose after New York-based Martha Stewart Living signed a contract with Plano-based J.C. Penney to open a Martha Stewart mini shop in many of the retailer’s stores. In a separate case filed three months later, Cincinnati-based Macy’s sued J.C. Penney for interfer

Core Concerns – Why are They Important?

By Holly Hayes - March 8, 2013

"The power of the core concerns comes from the fact that they can be used as both a lens to understand the emotional experience of each party and as a lever to stimulate positive emotions in yourself and in others. If core concerns aren't being met, work relationships are compromised, but more importantly an opportunity to "stimulate positive emotions" is missed.