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GUEST-POST | When Not To Negotiate: My Tree, My Neighbor’s House
By Victoria VanBuren - February 17, 2010
By John DeGroote How do you negotiate with your neighbor as your tree sits on his roof? The subject line only read “Tree Down,” but I began to wonder. The irony wasn’t lost on me as I scanned the rest of the message. A storm, our tree, our neighbor’s house, and a scramble to respond — all as I sat in a seminar on advanced dispute resolution techniques two time zones away. I was soon reminded of a valuable lesson in negotiation that most people ne
Reminder | State Bar of Texas CLE Webcast on February 16: “When to Use eMediation or Special Masters in eDiscovery”
By Victoria VanBuren - February 10, 2010
Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor of this blog and Allison O’Neal Skinner from the Alabama-based law firm Sirote & Permutt will host the TexasBarCLE Webcast “When to Use eMediation or Special Masters in eDiscovery“ on February 16, 2010 from 2-3:30pm. Here are more details: eDiscovery has changed litigation forever and now litigants need innovative ways to navigate the disputes that inevitably arise with
Free Podcast | How To Work With E-Mediation and Special Masters in E-Discovery Cases
By Victoria VanBuren - February 5, 2010
We thought that you might be interested to listen to the Podcast entitled “How To Work With E-Mediation and Special Masters in E-Discovery Cases” by Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor of this blog and Allison O’Neal Skinner from the Alabama-based law firm Sirote & Permutt. The ESIBytes™ Podcast of about 40 minutes is available here. (no PowerPoints, but free!) Peter and Allison will als
Mediation in Healthcare: Interview with Healthcare Neutral Richard Webb
By Victoria VanBuren - January 22, 2010
by Holly Hayes I recently conducted a Q & A via email with Richard J. Webb (pictured left) who writes the Healthcare Neutral Blog. Mr. Webb is a graduate of Yale University (B.A., cum laude, 1975) and the Duke University School of Law (J.D. 1978). His additional alternative dispute resolution training currently amounts to 177 hours of classroom time, including 60 hours of advanced mediation courses at the Straus Institute for Dispute Resoluti
GUEST-POST | 210 Billion Emails Sent Each Day –It’s Time to Use eMediation or Special Masters in eDiscovery – Webcast on February 16, 2010 (State Bar of Texas CLE)
By Victoria VanBuren - January 15, 2010
by Peter S. Vogel Recent surveys indicate that there are over 210 billion emails sent each day, which does not include the more than 1 trillion text messages sent in 2008. eDiscovery has impacted every lawsuit in every courthouse, and with this unbelievable number of emails and text messages litigation will never be the same. After the Guest Post last November about Allison Skinner’s Brilliant idea about eMediation, Allison and I have received gr
Dispute Resolution Journal Article: Decisional Errors
By Victoria VanBuren - January 11, 2010
The November 2009/January 2010 edition of the Dispute Resolution Journal features “Decisional Errors: Why We Make Them and How to Address Them” written by Disputing‘s contributor Don Philbin. Find Don’s excellent article here. On a related note, Don has recently started sharing his well-known Tweets at his new blog ADR Highlight Reel. Check it out!
GUEST-POST PART II | Employment Arbitration: Short-Term Value but Long-Term Harm
By Victoria VanBuren - January 7, 2010
by F. Peter Phillips This post continues Part I. As drafted, the Arbitration Fairness Act of 2009 (House Bill 1020) would amend Section 2(b) of the FAA to render invalid any pre-dispute arbitration agreement that purports to require arbitration of “an employment, consumer, or franchise dispute.” (“Franchise dispute?” How did that get in there? I would have thought that, subject to FTC regulation and state disclosure requirements, franchise is a p
GUEST-POST PART I | Employment Arbitration: Short-Term Value but Long-Term Harm
By Victoria VanBuren - January 6, 2010
by F. Peter Phillips One hot, lonely summer day in 1958, at our rural home near Crozet, Virginia, I was working on an 8-year old’s project: dislodging a big quartz rock that was buried in the gravel driveway. After a few hours I realized the trowel just wouldn’t do the job. So I found a wood chisel in my Dad’s tool chest. “Ah-ha!” I thought, “This is just the thing! I’ll reduce it to bits and dislodge it a chunk at a time!” By the time Dad got ba
Professor Alan Scott Rau Comments on Dealer Computers v. Old Colony Motors
By Victoria VanBuren - January 4, 2010
by Alan Scott Rau Can this possibly be right? For one thing, I would have thought that ordering the payment of a deposit should be a matter for the court, not the arbitrator: It seems to be a question of whether and how to “order the parties to arbitration in accordance with their agreement” under section 4 of the FAA—-not a question of the “procedure” for the arbitration. What if the respondent is challenging the very existence of an arbitration
American Review of International Arbitration Article | Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties’
By Victoria VanBuren - November 16, 2009
Alan Scott Rau, Professor at The University of Texas School of Law and contributor to this blog, wrote recently an excellent article entitled Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties,’ American Review of International Arbitration, Fall 2009. We invite you to check out Professor Rau’s well-known skillful writing on the evolving issue of arbitral powers to collect evidence from non-parties to a
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