Karl Bayer's Disputing Blog

The State Bar of Michigan Announces the ‘Michigan Mediates!’ Campaign

By Victoria VanBuren - October 27, 2011

Via Court ADR Connection we learned of “Michigan Mediates!” a statewide mediation program launched recently by the State Bar of Michigan, ADR Section. The goal of Michigan Mediates! is to elevate awareness and use of mediation as a practical and cost-effective tool to help solve many of the complex problems plaguing government agencies, schools and communities. Michigan Mediates! will include state-wide trainings, public service annou

Texas Court of Appeals Dismisses Appeal Because Appellant Walked Out of the Court-Ordered Mediation

By Victoria VanBuren - September 26, 2011

In In the Estate of James H. Rice, No. 10-10-00021-CV (Tex.App.- Waco, Aug. 10, 2011) the court found the appeal was appropriate for mediation and on April 20, 2011, ordered the parties to mediate this case. The mediation took place at the McLennan County Dispute Resolution Center (“DRC”) on June 15, 2011. The court, however, received a letter from DRC dated June 22, 2011 which stated the following: the mediation session ended abruptl

ABA Article: Does a Federal Arbitration Privilege Apply in Arbitration Proceedings?

By Victoria VanBuren - August 26, 2011

The ABA Section of Litigation published recently Does a Federal Arbitration Privilege Apply in Arbitration Proceedings? The article, written by P.Jean Baker, discusses the federal mediation privilege as well as the federal arbitration privilege. Here is an excerpt: The federal courts are now debating whether a federal evidentiary privilege applies to documents used in arbitration proceedings. This article will discuss this recent development, the

JAMS Article Uniform Mediation Act : 10 years later

By Victoria VanBuren - August 19, 2011

JAMS published recently a timely article by Justin Kelly, entitled “The Uniform Mediation Act Turns 10 This Year.” Here is an excerpt: The Uniform Mediation Act, adopted 10 years ago, has provided a clear privilege on mediation communications and in the states where it has been adopted, it has been well received by practitioners, parties and the courts, according to academics and practitioners. The National Conference of Commissioners

Mediation and Legal Malpractice

By Victoria VanBuren - August 3, 2011

By Brett Goodman In Texas, only a few cases have come out of the last decade concerning legal malpractice as relating to mediation. In Lehrer v. Zwernemann, after being unsatisfied with the work of the two attorneys he hired in a divorce proceeding, Lehrer sued two attorneys for malpractice. See Lehrer v. Zwernemann, 14 S.W.3d 775, 776 (Tex. App. – Hous. [1st Dist.] 2000, pet. denied). This subsequent suit went to mediation, but Lehrer again unsa

ABA 9th Annual Advanced Mediation and Advocacy Skills Training Institute | San Diego, Nov 03, 2011

By Victoria VanBuren - August 2, 2011

Need CLE credits? Mark your calendars! ABA will host its 9th Annual Advanced Mediation and Advocacy Skills Training course in San Diego, California on Nov. 3-4, 2011. The course was designed for mediators, litigators, judges, and in-house counsel. The 9th Annual Mediation and Advocacy Skills Institute topics will include: Preparing for mediation Maximizing the Joint Opening Session Ethical Issues Negotiating in the Caucus Stage Breaking Impasse D

What if there is an Insurance Claim Involved in my Mediation?

By Victoria VanBuren - July 29, 2011

Liability insurance policies often contain alternative dispute resolution clauses, including: (1) Binding arbitration only; (2) Mediation and, if mediation is unsuccessful, then binding arbitration; (3) Election between mediation and arbitration, with insured having veto power over the insurer’s selection; and (4) Mediation or binding arbitration with a waiting period before suit is filed if mediation is selected. See Ernest Martin, Jr, Hot Tips

Texas Supreme Court Amends Its Ethical Guidelines for Mediators

By Victoria VanBuren - July 22, 2011

The Texas Supreme Court issued recently some amendments to its Ethical Guidelines for Mediators. These amendments were adopted in response to recommendations from the Alternative Dispute Resolution Section of the State Bar of Texas and went into effect on June 1, 2011. Find a copy of the amendments here.

Disputing Welcomes the ‘Caucus On Mediation’ Blog

By Victoria VanBuren - July 20, 2011

We would like to welcome the Caucus On Mediation Blog to the ADR blogosphere. The blog is hosted by Corrado Mora, an attorney and mediator from Verona, Italy. Caucus On Mediation is a collection of “private sessions” with well known professionals from the negotiation and mediation world. Check out their July 14th post here. We look forward to reading more of your posts, Corrado. The Disputing Team

Are Mediated Settlement Agreements Enforceable in Texas?

By Victoria VanBuren - July 8, 2011

By Brett Goodman The background rule for enforceability of mediated settlement agreements, as described in the Texas ADR Act, provides that the settlement agreement is enforceable as any other contract, and the court may incorporate the terms of the settlement agreement into the court’s final decree. See Tex. Civ. Prac. & Rem. Code Ann. § 154.071. Although the settlement agreement arises from the suit, enforcement of a mediation agreement, ev