Karl Bayer's Disputing Blog

Texas Legislative Roundup April 3, 2013

By Beth Graham - April 3, 2013

The following bills relating to arbitration were introduced during the ongoing 83rd Texas legislative session. The last day of the regular session will be Monday, May 27, 2013. Please click on the bill number to read its text and on the status link to find the bill’s legislative history.

Texas House Considers Bill That Would Prohibit New Home Contracts from Including a Binding Arbitration Clause

By Beth Graham - March 26, 2013

Texas lawmakers are currently considering a bill that would not allow a binding arbitration clause to be included in contracts between Texas homebuilders and new home buyers. HB 3736, “Relating to the sale of newly constructed homes and requiring the Texas Real Estate Commission to adopt contract forms to be used in the sale of a newly constructed home,” was filed by Representative Lon Burnum of Fort Worth. The proposed law would reportedly remov

Texas Supreme Court Enacts New Civil Procedure Rule Related to ADR in Expedited Actions

By Beth Graham - March 15, 2013

In November, the Texas Supreme Court promulgated a number of new civil procedure rules designed to expedite court cases where the amount in controversy is less than $100,000. Initially, proposed Rule 169(d) barred both the parties and the courts from forcing a dispute to mediation where no contractual obligation to mediate existed. Following a public comment period that ended on February 1st, a revised Rule 169 became final and effective on March

Texas Legislative Roundup, February 12, 2013

By Beth Graham - February 12, 2013

The following bills relating to alternative dispute resolution were introduced during the 83rd Texas legislative session. The last day of the regular session will be Monday, May 27, 2013. Click on the bill number to read its text and on the status link to find the bill’s legislative history. Senate Bills: SB 355 relates “to the powers and duties of the Title IV-D agency regarding the establishment, collection, and enforcement of child support and

U.S. Legislative Roundup, February 4, 2013

By Beth Graham - February 4, 2013

The following bills relating to alternative dispute resolution were introduced by the 113th U.S. Congress. The session convened in Washington, D.C. on January 3, 2013 and will end on January 3, 2015. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Bills that passed: Sandy Recovery Improvement Act of 2013. Amends Title IV of the Robert T. Stafford Disaster Relief and Emergency Ass

2011-12 U.S. Legislation on Arbitration and Mediation

By Victoria VanBuren - January 23, 2013

The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and ended on January 3, 2013. Bills that became law: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a derivation proceeding may resolve the dispute via arbitration. See Section 135(f). H.R. 1249; Stat

Texas 83rd Legislative Session Begins

By Victoria VanBuren - January 14, 2013

The 83rd Texas Legislative Session began on Tuesday, January 8, 2013. You may monitor bills as they move through the Texas Legislature here. Additionally, you may view individually filed House and Senate bills. The last day of the Regular Texas Legislative Session will be May 27, 2013. An 83rd Texas Legislature “Dates of Interest” calendar is available here. Stay tuned to Disputing for updates regarding legislative bills affecting ADR

Maryland Mediation Confidentiality Act Goes into Effect

By Victoria VanBuren - November 13, 2012

Maryland’s Mediation Confidentiality Act (SB 856/HB 762) went into effect on October 1, 2012. The Act establishes that, with certain exceptions, communications made in a mediation (i) in which the parties are required to mediate by law or (ii) are referred by an administrative agency or arbitrator, or (iii) in which the parties agree in writing that the mediation will remain confidential, must be kept confidential. Under the Act, the

Arbitration and Mediation Update | October 2012

By Victoria VanBuren - October 24, 2012

The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a deri