Karl Bayer's Disputing Blog

Texas Legislature Update: Alternative Dispute Resolution Bills

By Victoria VanBuren - June 6, 2009

As previously blogged, the 81st Regular Session of the Texas Legislature adjourned on June 1st. Following is a summary of some bills related to alternative dispute resolution filed during the session. Bills that passed: S.B. 1650, authored by Senator Duncan (R-Lubbock), would grant Texas appellate courts jurisdiction over certain interlocutory appeals arising under the FAA. Here are the bill’s history and analysis. H.B. 1083. The bill, auth

The Texas Legislature Adjourned

By Victoria VanBuren - June 4, 2009

Although the 81st Texas Legislature adjourned Monday night, some speculate that the Governor will call a special session to address legislation to keep five state agencies from shutting down: the Texas Department of Transportation, the Texas Department of Insurance, the Texas Racing Commission, the Texas State Affordable Housing Corp., and the Office of Public Insurance Counsel. As the dust settles, we will comment on the dispute resolution bills

Texas Legislature Update

By Victoria VanBuren - May 27, 2009

[update: H.B. 2139 passed the House and Senate (with amendments); the amended version was under consideration by the conference committee when the session ended. See here. ] Today, two bills related to ADR were passed by the 81st Texas Legislature: H.B. 1083. The bill, authored by Rep. Gary Elkins, states that “Except as provided by agreement of the parties, a court may not order mediation in an action that is subject to the Federal Arbitra

Texas Bar Journal Article: The Future of Arbitration

By Victoria VanBuren - May 13, 2009

Mark A. Shank and John L. Turner from Gruber Hurst, Johansen & Hail, LLP wrote a timely article about arbitration, published this month by the Texas Bar Journal. The authors do an excellent job at explaining the virtues of arbitration (speed, informality, and low cost) and at the same time, address the latest challenges to mandatory arbitration by legislation introduced in Congress and the Texas Legislature. If you missed the article, here is

Texas H.B. 2696: Hearing Scheduled for Today

By Victoria VanBuren - April 15, 2009

A public hearing for H.B. 2696 is scheduled to take place today. The bill would, among other things, prohibit one contracting party from requiring the other party to agree to arbitration as a condition of the contract. It also provides that an agreement is unconscionable if its enforceability would violate a right protected by either the U.S. or Texas Constitutions. In addition, an agreement to arbitrate must be displayed prominently in 12-point

Texas Bill: Victim-Offender Mediation Program

By Victoria VanBuren - March 30, 2009

A recent bill related to ADR has been filed by the 81st Texas Legislature. H.B. 2139, authored by Rep. McClendon, would establish a victim-offender pretrial mediation program for first time offenders. Status: Left pending in committee on 03/19/2009. Technorati Tags: arbitration, ADR, law, Mediation,

Texas ADR Bills

By Victoria VanBuren - March 23, 2009

Following is a list of recent bills related to Alternative Dispute Resolution filed during the 81st Texas Legislature. H.B. 2256. Relating to mediation of out-of-network health benefit claim disputes concerning enrollees, facility-based physicians, and certain health benefit plans; imposing an administrative penalty. The bills history is here. H.B. 2095. Filed by Rep. Farrar, relating to the regulation of claims against residential home builders.

Texas S.B. 1650

By Victoria VanBuren - March 16, 2009

A new bill related to arbitration was filed last week by the 81st Texas Legislature. S.B. 1650, authored by Senator Duncan (R-Lubbock), would grant Texas appellate courts jurisdiction over certain interlocutory appeals arising under the FAA. Status: Filed on 03/10/2009. Technorati Tags: arbitration, ADR, law, Texas S.B. 1650, FAA

Texas S.B. 556 and H.B. 1635

By Victoria VanBuren - March 6, 2009

Another beautiful week in Austin, Texas. We thought you would be interested to know that the following bills have been introduced recently by the 81st Texas Legislature: S.B. 556. To amend the Insurance Code, by, among other things, adding a clause to provide for binding arbitration agreements within the context of health care contracts with physicians and health care providers. Status: Referred to the Senate Committee on State Affairs on 02/23/2

Texas H.B. 1083: Status

By Victoria VanBuren - February 26, 2009

In addition to S.B. 222 discussed here, the 81st Texas Legislature is considering H.B. 1083. The bill, authored by Rep. Gary Elkins, states that “Except as provided by agreement of the parties, a court may not order mediation in an action that is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16).” Status: Referred to the Committee on Judiciary & Civil Jurisprudence on 02/24/2009.