Karl Bayer's Disputing Blog

Texas Supreme Court Finds Arbitration Clause in Attorney-Client Contract Was Not Unconscionable, Against Public Policy or Illusory

By Renee Kolar - June 28, 2015

In Royston, Rayzor, Vickery & Williams, LLP v. Francisco (Frank) Lopez, the Texas supreme court reversed an interlocutory appeal from the Corpus Christi court of appeals, holding that the plaintiff did not prove that an arbitration provision in an attorney-client employment contract was substantively unconscionable nor did the plaintiff prove any other defense to the arbitration provision.

Special Masters: How To Make the Best of Both Worlds, Part XIV

By Merril Hirsh, James Rhodes & Karl Bayer - June 1, 2015

In Part Thirteen, we discussed ways of institutionalizing the use of special masters by maintaining rosters, choosing them based on qualifications and experience, training them and evaluating their effectiveness. We closed by raising the question – has this been done before?

Special Masters: How To Make the Best of Both Worlds, Part XIII

By Merril Hirsh, James Rhodes & Karl Bayer - May 11, 2015

In Part Twelve, we suggested harnessing the motivation that has led courts to refer cases to settlement conferences or to insist on private mediation in favor of an alternative – a plan regularly to refer cases sufficiently complex to benefit from active case management for oversight by a special master.

Where Have All The Idealists Gone? Long Time Passing, Part X

By Jeffrey Krivis - May 6, 2015

Recognizing the importance that adapting the process so that the marketplace continues to appreciate and use it, there are a number of trends that will impact the future of mediation in the court system:

Special Masters: How To Make the Best of Both Worlds, Part XII

By Merril Hirsh, James M. Rhodes & Karl Bayer - May 1, 2015

In Part Eleven, we urged that the more regular the process is of retaining special masters, the most likely it is to achieve its function of holding down costs by heading off disputes. We suggested that we should change our historic practice by making the possible use of special masters more the rule than the exception. So what does that mean?

Special Masters: How To Make the Best of Both Worlds, Part XI

By Merril Hirsh, James Rhodes & Karl Bayer - April 16, 2015

In Parts Nine and Ten, we discussed how there is a rap on using special masters that stems the way in which special masters are selected and used. As we discussed, currently, when judges bring special masters into cases it is generally both ad hoc (specific to the case, and chosen based on virtually no standardized criteria) and post hoc (often to deal with messy disputes after they have arisen and potentially become intractable, instead of up fr

Where Have All The Idealists Gone? Long Time Passing, Part IX

By Jeffrey Krivis - April 16, 2015

The use of improvisational music and artistry is what unconsciously drew me in to the field in the first place, and has kept my gears going and gives me inspiration for the future. When I hear educators try and “teach” the methods of mediation, I can’t help but think that they are missing the link between theory and reality.

Where Have All The Idealists Gone? Long Time Passing, Part VIII

By Jeffrey Krivis - April 13, 2015

I grew up in the 1960s and 70s where music and art were transforming the world with strong inflections of missionary zeal for disruption and harmony. While it is not completely accurate to compare the work of mediators to musicians, understanding the parallel structures about listening and teamwork help enlighten our future.

Where Have All The Idealists Gone? Long Time Passing, Part VII

By Jeffrey Krivis - April 9, 2015

In order to help the parties reach their goals, sometimes the most effective and transparent exchange of information occurs early on and privately, before the parties ever have a chance to meet each other in a joint session. If that works, why not use it? If it doesn’t work, mediators always have other tools to use, including various hybrid forms of joint meetings to call upon.

Where Have All The Idealists Gone? Long Time Passing, Part VI

By Jeffrey Krivis - April 8, 2015

The idealists in the mediation movement have struggled to maintain the vision of the forefathers and foremothers who discovered the process. This has led to a complicated but critical discussion about which parts of the process are working and which are not. The central focus of the process that has been under scrutiny is whether or not to conduct a joint session, a key communication piece of the process.