Karl Bayer's Disputing Blog

College of Commercial Arbitrators (CCA) / Straus Institute for Dispute Resolution Survey on Arbitration Practice (Fall 2013)

By Thomas J. Stipanowich - July 14, 2014

The CCA-Straus Institute Survey on Arbitration Practice, one of the Straus Institute’s three recent surveys under the Theory-to-Practice Research Project, consisted of 65 multiple-choice and short-answer questions on respondents’ arbitration experiences and opinions on arbitration practices and the future of the arbitration field-at-large.

The Settlement Drift, Part I

By Jeffrey Krivis - July 11, 2014

According to commentator Rachel Maddow in her book "Drift," the way the United States goes to war has gradually become more secretive and less democratic. She observes that in the last half century, the decision to go to war has become too easy.

The Straus Institute Theory-to-Practice Research Project

By Thomas J. Stipanowich - July 10, 2014

The Straus Institute’s Theory-to-Practice Research Project was begun in 2013 as an ongoing initiative aimed at expanding our knowledge of dispute resolution practices; understanding the perspectives of mediators, arbitrators, judges, corporate counsel and legal advocates; and garnering other empirical information regarding dispute resolution processes and participants’ judgments, decisions and choices.

New York’s Commercial Dispute Rocket Docket

By Renee Kolar - June 5, 2014

The state of New York now offers a consensual accelerated commercial dispute docket for the Commercial Division of its State courts. Rule 9 of Section 202.70(g) of the Uniform Rules for the Supreme and County Courts provides that disputing parties who consent to this process must be ready for trial in nine months (including completion of mandatory mediation).

Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part V

By Renee Kolar - April 16, 2014

The rise of Online Dispute Resolution has lead to some debate over its effectiveness and the benefits of its use. According to some scholars, computer-mediated communication (CMC), which is inextricably linked with ODR, facilitates the interaction process through the use of computers; however, with e-negotiation, for example, it is also believed that [CMC] can undercut the effectiveness of negotiation and lead to “misunderstandings, sinister attr

Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part IV

By Renee Kolar - April 15, 2014

The adoption of ODR services by major ADR service providers should not come as a surprise, especially considering the assortment of providers solely dedicated to ODR that exist on the Internet. As mentioned before, over 60 providers of ODR currently exist.

Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part III

By Renee Kolar - April 14, 2014

Online Dispute Resolution, naturally, exists online. Attempting a general Internet search for ODR providers will provide a potentially overwhelming amount of results. Currently, over 60 academically recognized ORD providers exist.

Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part II

By Renee Kolar - April 11, 2014

Online Dispute Resolution means exactly what it says: it is a method of resolving disputes through the use of an “online” system (the Internet). However, there is some ambiguity as to what this could entail.

THE MCCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART V

By Renee Kolar - April 9, 2014

In 2010, the PPACA was signed into law.[1] The PPACA was enacted with the goals of increasing the quality and affordability of health insurance, lowering the uninsured rate by expanding public and private insurance coverage, and reducing the costs of healthcare for individuals and the government.[2]

THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART IV

By Renee Kolar - April 8, 2014

In Am. Bankers Ins. Co. v. Inman,[1] the Fifth Circuit was asked to determine whether Miss. Code Ann. § 83-11-109 (2013)[2] reverse preempts the FAA. Ultimately, the court held that Miss. Code Ann. § 83-11-109 (2013) does in fact reverse preempt the FAA.[3]