Karl Bayer's Disputing Blog

Texas Supreme Court Rules on Enforceability of Mediated Settlement Agreement

By Victoria VanBuren - March 19, 2012

In Milner v. Milner, No. 10-0776 _S.W.3d __ (Tex. March 9, 2012) Vicki and Jack Milner signed a Mediated Settlement Agreement (“MSA”) after Vicki filed for divorce. In this MSA, Jack agreed to transfer to Vicki all of his beneficial interest (subject to existing liabilities) in a partnership and a limited liability company (the “Partnerships”) that were formed during the parties’ marriage. The MSA contained two exhibits en

Answers to Physician Questions about ACOs

By Holly Hayes - February 17, 2012

by Holly Hayes This week, Medscape News posted an interview regarding physicians’ questions about ACOs (Accountable Care Organizations) with Anders M. Gilberg, senior vice president of Government Affairs, Medical Group Management Association (MGMA). The 15 questions and answers can be seen here. As the article points out, “The first voluntary ACO agreements will start on April 1 and July 1, 2012, and run for 3 years as part of the Med

South Texas College Wins ICC Mediation Competition

By Victoria VanBuren - February 15, 2012

A team from South Texas College of Law has won the this year’s ICC International Commercial Mediation Competition in Paris, on February 8, 2012. A total of 66 teams from 32 countries participated in the competition, which included teams from Brazil, Singapore, the U.S., and Australia. Find the ICC press release here. Join us in congratulating the South Texas College of Law team!

Medina Valley ISD Reaches a Mediated Settlement in School Prayer Case

By Victoria VanBuren - February 13, 2012

The Medina Valley Independent School District (“ISD”) reached a mediated settlement agreement (“MSA”) with an agnostic family that argued that traditions at the Medina Valley ISD excluded their son’s beliefs. See Schultz v. Medina Valley Indep. Sch. Dist. No. SA-11-CA-422-FB, 2011 U.S. Dist. LEXIS 126969 (W.D. Tex. Nov. 2, 2011). The issue in the case was whether the Constitution allows for a governmental body (the M

Healthcare Mediation Training

By Victoria VanBuren - February 3, 2012

by Holly Hayes A blog we like, Franklin Solutions, posted about the American Health Lawyers Association healthcare mediation training on February 6 and 7, 2012, in Orlando, Florida. The course is two parts: Part I is taught by Jane Conard (see Disputing blog posts here ) and Jeanne Franklin and is an Introduction to the Basics of Mediation training. The course “will introduce theory, principles, process steps, essential skills and ethical r

Study Finds that Cases with Pending Motions Are Less Likely to Settle in Mediation

By Victoria VanBuren - February 1, 2012

Via the Court ADR Connection Resolution Systems Institute Resource Center, we learned about a study conducted last year by the Michigan State Court Administrative Office, Office of Dispute Resolution. The study, entitled “Mediation After Case Evaluation: A Caseflow Study of Mediating Cases Evaluated Under $25,000,” found that settlement rates at mediation were higher when all summary disposition motions were decided prior to mediation

Texas Lawyer: Family Law Council Files Rare Amicus Over Mediation Issue

By Victoria VanBuren - January 26, 2012

We found this interesting story in Texas Lawyer about a mediated settlement agreement: For the first time in 25 years, the State Bar of Texas Family Law Council has filed an amicus curiae brief in an appeal pending before the Texas Supreme Court. The council submitted the brief on Jan. 9, urging the Supreme Court to grant a mandamus to force a family law judge to approve a mediated settlement agreement (MSA) in a custody dispute. The judge in tha

GUEST-POST | Definitive Creative Impasse-Breaking Techniques in Mediation: Sausage Making Laid Bare

By Victoria VanBuren - January 24, 2012

This is my second post giving you a tease from one or more chapter in Definitive Creative Impasse-Breaking Techniques in Mediation, Molly Klapper, J.D., Ph.D. (NYSBA 2011). Find the first post here. Today, I would like to focus on Simeon Baum’s “Sausage Making Laid Bare.” Simeon Baum is a leading NY mediator and former chair of the NYSBA’s Dispute Resolution Section. He actually contributed two separate chapters to the book and has the literal la

CPR Institute Announces Its Patent Mediation Task Force

By Victoria VanBuren - January 18, 2012

Via the Court ADR Connection Resolution Systems Institute‘s newsletter we learned that the International Institute for Conflict Prevention and Resolution (“CPR Institute”) recently created a Patent Mediation Task Force. The objective of the Task Force is to investigate ways to improve the use of alternative dispute resolution in patent disputes. The Task Force has already formed three subcommittees: 1) pre-mediation; 2) mediatio

ABA Mediation Video Contest on YouTube | Deadline: February 1, 2012

By Victoria VanBuren - January 17, 2012

The American Bar Association Section of Dispute Resolution invites you to participate in their second annual Mediation Video Contest on YouTube®. The theme is “Civility and Civil Public Discourse.” Find out information on eligibility, contest rules, prizes, and judging criteria here.