Karl Bayer's Disputing Blog

Texas Legislative Update

By Beth Graham - February 28, 2011

As many of you know, the 82nd Texas Legislature is currently in full swing. The following notable bills affecting alternative dispute resolution in Texas were filed this session: Senate Bill 218, authored by Senator Nelson and referred to the Senate Committee on Jurisprudence, relates “to procedures in certain suits affecting the parent-child relationship and the operation of the child protective services and foster care systems.” The bill would

82nd Texas Legislature Convenes

By Beth Graham - January 13, 2011

The 82nd Texas Legislature convened on Tuesday, January 11, 2011. Prefiling of bills before the Legislature began on November 8, 2010. According to the State Bar of Texas, a proposed new Chapter 161 of the Civil Practice and Remedies Code is in the works. The Uniform Collaborative Law Act, “Relating to the resolution of certain disputes by collaborative law procedures,” has not yet been assigned a bill number. A copy of the Uniform Co

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

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

Mediation Confidentiality

By Victoria VanBuren - September 19, 2009

by Holly Hayes A recent post on the “bad faith mediation” section of Texas HB 2256 has prompted comments and discussion regarding the confidentiality of mediation. Texas mediators operate under the Civil Practice & Remedies Code, Chapter 154. Alternate Dispute Resolution Procedures. Specific sections of this code that address confidentiality are as follows: § 154.053. STANDARDS AND DUTIES OF IMPARTIAL THIRD PARTIES. (a) A person a

Legislating ‘Bad Faith’ in Mediation

By Holly Hayes - September 4, 2009

By Holly Hayes Steve Mehta wrote a thoughtful and thought-provoking post on bad faith mediation on his blog Mediation Matters. Mr. Mehta references HB 2256, a Texas law that addresses three things as bad faith: failure to participate, failure to have a full authority representative present, and failing to provide necessary information. It authorizes the mediator to report this conduct. Mr. Mehta notes, “Interestingly, I do not think a statu

Texas House Bill 2256 and Bad Faith Mediation in ‘Balance Billing’

By Holly Hayes - August 5, 2009

By Holly Hayes As discussed in my previous post, Texas House Bill 2256 was signed into law on June 19, 2009. The bill provides a procedure for mediation of “balance billing,” which is the practice of billing insured patients for amounts or balances not covered by the insurer. HB 2256 also includes the following section on “bad faith” mediation: SUBCHAPTER C. BAD FAITH MEDIATION Sec. 1467.101. BAD FAITH. (a) The following conduct

Texas Bar Journal: Letter to the Editor on Improving Arbitration

By Victoria VanBuren - July 17, 2009

[Update: Lee Keller King currently works at this firm.] The July 2009 Edition of Texas Bar Journal titled “The Electronic Lawyer,” features the following letter to the editor written by Texas attorney Lee Keller King. Mr. King writes in response to a Texas Bar Journal article published in May 2009 (blogged here). We welcome your commentary about this post! I am one of those critics who believe that the trend in mandatory arbitration h

Texas HB 2256 Makes Possible a New Mediation Procedure for ‘Balance Billing’

By Holly Hayes - June 29, 2009

By Holly Hayes Texas House Bill 2256 was signed into law on June 19, 2009 and is effective immediately. The bill provides a procedure for mediation of out-of-network health benefit claim disputes. The law now gives patients 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, and neonatologists. Balance billing

Weil, Gotshal & Manges Guest-Post: Texas House Bill 1083

By Victoria VanBuren - June 26, 2009

On June 19, 2009, Texas House Bill 1083 was signed into law.The new provision, effective immediately, prevents courts from ordering mediation in cases subject to the Federal Arbitration Act (excepting cases where the parties have agreed otherwise).The bill, which passed both the House and the Senate without amendment, applies to all actions commencing on or after June 19th. What does this mean for future Texas cases involving the FAA?Fewer