Karl Bayer's Disputing Blog

Elements of the Accountable Care Organization (ACO)

By Holly Hayes - January 13, 2012

By Holly Hayes Marc Bard, MD and Mike Nugent, authors of “Accountable Care Organization, Your Guide to Strategy, Design and Implementation” provide a list of elements common to most ACOs. As described in our previous post , there is still a great deal of ambiguity about the definition of an ACO. The American Hospital Association (AHA) has developed a list of key questions (see below) to ask in the development of an ACO. Bard and Nugen

GUEST-POST | Addressing Impasse by Helping the Parties Value the Case

By Victoria VanBuren - January 11, 2012

We welcome Laura A. Kaster as a guest-blogger at Disputing. Laura will discuss a chapter of the book Definitive Creative Impasse-Breaking Techniques in Mediation, edited by Molly Klapper (NYSBA 2011) in which Laura is a co-author. Stay tuned for more posts from Laura. By Laura A. Kaster Molly Klapper had a wonderful idea. She decided to collect a wide variety of practitioners’, teachers’ and luminaries’ targeted techniques for anticipating, manag

2011 Mediation Case Law

By Victoria VanBuren - January 4, 2012

In addition to our mediation series, during 2011 we published these posts discussing mediation case law: Federal Circuit Declines to Recognize a Mediation Privilege Texas Court of Appeals Dismisses Appeal Because Appellant Walked Out of the Court-Ordered Mediation Federal Texas Court Rules for Producing Negotiation Communications Texarkana COA Upholds MSA Where Mediator Resolved Dispute Regarding Scope Ninth Circuit Affirms Mediated Facebook Sett

Mediation: Questions You’ve Always Had but Were Afraid to Ask

By Victoria VanBuren - December 28, 2011

During 2011, we wrote a series of posts intended to assist lawyers in helping their clients understand the mediation process. Mediation Isn’t Just What Happens on the Day People Get Together… Preparation of the client for mediation is a key component of a successful mediation settlement. Before mediation, the attorney should discuss with the client who should be the mediator, in particular, what qualifications should be desired on the

Accountable Care Organizations (ACO) in Central Texas

By Holly Hayes - December 23, 2011

by Holly Hayes The Austin-Ameircan Statesman reported this week Austin Regional Clinic (ARC) and Seton, two of the largest health care providers in Central Texas, are creating an “Accountable Care Organization (ACO), a collaboration of doctors, clinics and hospitals seeking to coordinate care so that patients receive more attention, especially patients with chronic conditions such as diabetes”. Since enactment of the 2010 federal heal

Transformative Mediation: A Sourcebook

By Victoria VanBuren - December 8, 2011

We recently came across Transformative Mediation: A Sourcebook – Resources for Conflict Intervention Practitioners and Programs published by the Institute for the Study of Conflict Transformation. The Sourcebook summarizes the principles and practices upon which transformative mediation is based, and offers helpful examples of the application of transformative mediation in widely varying contexts including family and elder conflicts, workplace di

Federal Circuit Declines to Recognize a Mediation Privilege

By Victoria VanBuren - December 2, 2011

In a patent infringement case, the U.S. Court of Appeals for the Federal Circuit declined to recognize a federal mediation privilege. In Kimberly-Clark Worldwide v. First-Quality Baby Products (Fed. Cir. 2011), Kimberly-Clark Worldwide, Inc. (“K-C”), owner of patents related to disposable absorbent products (such as diapers) brought a patent infringement action against competitor First Quality Baby Products, LLC (“First Quality”). Fis

The Association for Conflict Resolution Adopts Model Standards for Mediator Certification Programs

By Victoria VanBuren - November 11, 2011

Last month, the Association for Conflict Resolution (“ACR”) adopted its Model Standards for Mediator Certification Programs. The goal of the Standards is to guide entities which have or wish to institute mediation certification programs. There are twenty-four standards organized into six sections: Foundational Requirements, Transparency, Ethics, Diversity, Program Administration, and Due Process. The appendix provides background and d

Article: The Path Toward A Federal Mediation Privilege

By Victoria VanBuren - November 9, 2011

We came recently came across “The Path Toward A Federal Mediation Privilege: Approaches Toward Creating Consistency for a Mediation Privilege in Federal Courts,” written by Joseph Lipps and published by the American Journal of Mediation. Here is an excerpt: In commencing a mediation, the mediator provides an opening statement promising confidentiality. This promise however is wrought with a complex legal analysis where federal courts

Book | Definitive Creative Impasse-Breaking Techniques in Mediation

By Victoria VanBuren - November 4, 2011

Definitive Creative Impasse-Breaking Techniques in Mediation, a resource for mediators and attorneys, has been recently released by the New York State Bar Association. Edited by Molly Klapper, J.D., Ph.D., it contains chapters written by leading practitioners, trainers, academics, and judges, including John DeGroote (contributor of this blog), Professor Vivian Berger, Professor Dwight Golann, Hon. William A. Dreier, Laura A. Kaster, and Hon. Barb