Karl Bayer's Disputing Blog

Employment Arbitration: Issues Implementing the ‘Franken Amendment’

By Victoria VanBuren - February 2, 2010

[Ed. note: hat tip to our blog contributor Don Philbin.] On January 20, 2010, the Council of Defense and Space Industry Associations (CODSIA) sent a letter to the Director of Defense Procurement and Acquisition Policy raising questions and issues in implementing Section 8116 of the Fiscal Year 2010 Defense Appropriations Act (aka the “Franken Amendment”). Section 8116 prohibits the use of funds for certain contracts unless the contractor agrees n

U.S. Arbitration and Mediation Legislative Update

By Victoria VanBuren - January 25, 2010

The following bills relating to alternative dispute resolution were introduced by the 111st Congress. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: “An Act Making Appropriations for the Department of Defense for the Fiscal Year Ending September 30, 2010, and for Other Purposes” contains an amen

More on ‘Bad Faith’ Mediation in Texas

By Victoria VanBuren - January 21, 2010

by Holly Hayes In the Winter edition of the Texas Mediator, Susan Schultz calls for the “mediation community to engage in communal reflection” regarding the passage of the bad faith section of Texas HB 2256 which requires the mediator to report “bad faith mediation”. Overall, the bill provides a procedure for mediation of out-of-network health benefit claim disputes. (read more here) In her article, ‘Bad Faith Mediat

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

President Barack Obama Signs Legislation that Provides for Arbitration to Appeal Termination of GM and Chrysler Franchise Agreements

By Victoria VanBuren - December 17, 2009

To follow up on our earlier post, here is an article by Automotive News: Neil Roland Automotive News December 17, 2009 WASHINGTON — President Barack Obama signed legislation that would give rejected General Motors Co. and Chrysler Group dealers access to neutral arbitration if they want to be reinstated, kicking off a a six-and-a-half months arbitration process. GM and Chrysler now have 30 days to send letters to the owners of about 2,150 r

2009 Texas Legislation on Arbitration and Mediation

By Victoria VanBuren - December 16, 2009

In 2009, the 81st Regular Session of the Texas Legislation adjourned on June 1. Following is a summary of some bills related to alternative dispute resolution filed during the session. Bills that passed: H.B. 2256. The bill relates to mediation of out-of-network health benefit claim disputes concerning enrollees, facility-based physicians, and certain health benefit plans. Here are the bill’s history and analysis. Posts by Holly Hayes discu

2009 U.S. Legislation on Arbitration and Mediation

By Victoria VanBuren - December 15, 2009

During 2009, the following bills relating to alternative dispute resolution were introduced and are currently being considered by the 111st Congress. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration in employment, consumer, and franchise contracts. Sen

General Motors and Chrysler Car Dealerships Might Head to Arbitration

By Victoria VanBuren - December 14, 2009

As readers may know, General Motors and Chrysler are planning to close nearly 2,000 dealerships as part of their reorganization plan. The New York Times reports on a House bill that would provide for binding arbitration as a way for car dealers to appeal the termination of their franchise agreements. The House has approved a compromise plan to give General Motors and Chrysler dealers an appeals process to keep their showrooms open. GM and Chrysle

2009 Developments in Mediation: Mediation Option for ‘Balance Billing’ in Health Care

By Victoria VanBuren - December 11, 2009

by Holly Hayes In June, we discussed the passage of Texas House Bill 2256, which provides a procedure for mediation of out-of-network health benefit claim disputes. Patients in Texas now have the option to mediate when they are ‘balance-billed’ by their insurance company for services provided by out-of-network facility-based physicians like radiologists, pathologists, neonatologists, and emergency room physicians. (post available here