Karl Bayer's Disputing Blog

Crowd Arbitration: Crowdsourced Dispute Resolution Part I

By Renee Kolar - March 24, 2014

Meaningful artificial intelligence is still a far-away technology. But crowdsourced intelligence, which harnesses the collective knowledge, experience, and analysis of a large group of people, is quickly becoming a powerful and effective method for solving problems.

Improving Mediation with Consent?

By Beth Graham - April 16, 2013

Jacqueline M. Nolan-Haley, Professor of Law and Director of Fordham University’s Conflict Resolution & ADR Program, has published a thoughtful article entitled, Judicial Review of Mediated Settlement Agreements: Improving Mediation with Consent? In her publication, Professor Nolan-Haley examines the impact the judicial system may have on the mediation process.

Karl Bayer’s Disputing Has Moved

By Karl Bayer - April 16, 2013

Karl Bayer’s Disputing has a new address: www.disputingblog.com. Now’s the time to adjust your bookmark, or, if you haven’t yet, add us to your bookmarks! Previously found at, www.karlbayer.com/blog, Disputing has grown such that it is time for the blog to have a space of it’s own. We hope you are enjoying our new look!

Part Two: Preparing for the 2011 Fortune 1,000 Survey of Corporate Counsel

By Karl Bayer - April 10, 2013

The following is part 2 of a 5 part overview of Professors Thomas Stipanowich (Pepperdine University School of Law) and J. Though attitudes may have changed since the 1997 Fortune 1,000 corporate counsel survey, systems seem to have remained ingrained in business culture which has prevented an overall acceptance of ADR processes.

Part One: A Brief History of ADR and Corporate Perception

By Karl Bayer - April 2, 2013

The following is part 1 of a 5 part overview of Professors Thomas Stipanowich (Pepperdine University School of Law) and J. Ryan Lamare (Pennsylvania State University) paper entitled “Living with ‘ADR’: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations.”

Disputing’s Own Karl Bayer Interviewed by Dave Hilton from Conflict Specialist Show

By Karl Bayer - March 29, 2013

Dave Hilton from the Conflict Specialist show discusses dispute resolution, conflict management, mediation, conflict coaching, negotiation, arbitration, ombuds, leadership, persuasion, psychology and other related topics with experts, authors, bloggers, specialists, speakers and practitioners around the world. In his latest episode he interviews blogger and ADR practitioner Karl Bayer. Watch the interview on youtube. Visit Dave Hilton’

Digital Disagreements: Artificial [Intelligence] Arbitration

By Karl Bayer - March 20, 2013

Part 2 of 3 This is the second installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Please join the conversation and comment below. ODR and AI The subfield of Artificial Intelligence [AI] in Online Dispute Resolution has been progressing rapidly. There is no doubt that it will have a broad impact. Law and AI are particularly well-suited to work together as they

Digital Disagreements: The Future of Artificial Intelligence in Online Dispute Resolution

By Karl Bayer - March 18, 2013

Part 1 of 3 This is the first installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Please join the conversation and comment below. One of arbitration’s principle advantages is the informality with which the process is carried out.[1] Informality may lead to increased speed of dispute resolution and reduced costs.[2] However, recently arbitration has taken on some of the formal

Texas Supreme Court Reverses Richmont Holdings Decision

By Beth Graham - January 30, 2013

On Friday, the Supreme Court of Texas reversed and remanded the Second District in Fort Worth’s ruling in Richmont Holdings, Inc., et al. v. Superior Recharge Systems, L.L.C., et al. (No. 12-142). The interlocutory appeal arose after Richmont Holdings purchased the assets of Superior Recharge Systems. A provision in the purchase agreement stated: “Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall

Fifth Circuit: Courts Lack Jurisdiction Over Foreign Arbitration Awards

By Victoria VanBuren - January 21, 2013

First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Limited No. 12-30377 http://www.ca5.uscourts.gov/opinions/pub/12/12-30377-CV0.wpd.pdf Before STEWART, Chief Judge, KING and OWEN, Circuit Judges. AFFIRMED. (December 21, 2012). Posted in New York Convention, Arbitration, Personal Jurisdiction The Fifth Circuit affirms that a Court may dismiss a petition to confirm a foreign arbitration award for lack of personal ju