Karl Bayer's Disputing Blog

What if Someone Mediates in ‘Bad Faith’?

By Victoria VanBuren - June 30, 2011

In 2009, the Texas Legislature signed into law Texas House Bill 2256. 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 occurs when a physician bills a patient for t

The Los Angeles Dodgers May Be Headed Back to Mediation

By Victoria VanBuren - June 29, 2011

By Brett Goodman Yesterday, Major League Baseball (the MLB) rejected a proposed television deal for the Los Angeles Dodgers, a move that sends the McCourt divorce proceedings back to the drawing board and highlights the complications that can arise from a lack of proper mediation. The highly publicized divorce of Frank and Jamie McCourt, former joint owners of the Los Angeles Dodgers baseball franchise, had finally reached an agreement on June 17

Are Parties Required to Mediate in Good Faith?

By Victoria VanBuren - June 24, 2011

By Brett Goodman Unlike many other jurisdictions, the Texas statutes are silent on the issue of good faith mediation. Perhaps the most pertinent provision within chapter 154 of the Texas Civil Practices and Remedies Code is found at §154.002, stating, “It is the policy of this state to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship, including the mediation of is

Federal Texas Court Rules for Producing Negotiation Communications

By Victoria VanBuren - June 22, 2011

By Brett Goodman The United States District Court for the Eastern District in Tyler, Texas, has allowed a motion to compel and denied a motion to protect in a suit concerning negotiation communications of formerly created license agreements to patents-in-suit. In Clear with Computers, LLC v. Bergdorf Goodman, Inc., 753 F. Supp. 2d 662, 663 (E.D. Tex. 2010) Clear With Computers (CWC), a provider of computer parts and repair, sued many defendants o

Is Mediation Confidential in Texas?

By Victoria VanBuren - June 17, 2011

By Brett Goodman The Texas ADR Act, provides for very broad confidentiality in mediation procedures. Section 154.073 states in relevant portion that: (a) Except as provided by Subsections (c), (d), (e), and (f), a communication relating to the subject matter of any civil or criminal dispute made by a participant in an alternative dispute resolution procedure, whether before or after the institution of formal judicial proceedings, is confidential,

27th Annual Advanced Personal Injury Law Course 2011

By Victoria VanBuren - June 16, 2011

Need CLE credits? Mark your calendars! The State Bar of Texas will host its 27th Annual Personal Injury Law Course. Topics include: • How to Try the $50,000 (& Under) Case from A-Z • Social Media: Cutting Edge Evidence Questions • Claims Against Governmental Entities • Medical Malpractice Update • New Approaches to Damages for Juries Karl Bayer will be presenting the section on mediation. The locations are as follows: LIVE: Dallas, July 6-8,

Can I Object to Court-Ordered Mediation?

By Victoria VanBuren - June 10, 2011

In Texas, a party has to object in writing to the mediation referral within ten days after receiving notice. The court, in its discretion, may or may not refer the dispute to mediation. Section 154.022 of the Texas ADR Act provides the basis for objection to referral pending litigation: (a) If a court determines that a pending dispute is appropriate for referral under Section 154.021, the court shall notify the parties of its determination. (b) A

Who Pays for the Mediation Fees?

By Victoria VanBuren - June 7, 2011

Section 154.054 of the Texas ADR Act discusses compensation of impartial third parties-such as a mediator. The Act allows the court to set a reasonable fee for the services for a court-appointed mediator. (Read more about court-ordered mediation here.) Unless the parties agree to a method of payment, the court shall tax the fee for the services of an impartial third party as other costs of suit. The parties can also agree to split the mediation f

Can a Court Impose Sanctions for Failing to Appear at Court-Ordered Mediation?

By Victoria VanBuren - June 3, 2011

By Brett Goodman Similar to a court referring a case to mediation in the first place, in Texas, a trial court is under a discretionary standard concerning imposing sanctions for failure to appear. See Roberts v. Rose, 37 S.W.3d 31, 33 (Tex. App. 2000). Discretion is abused when the trial court acts without reference to any guiding rules or principles. See Johnson v.. Fourth Court of Appeals, 700 S.W.2d 916, 918 (Tex.1985). Courts have an inherent

In Texas, Can a Court Refer my Case to Mediation?

By Victoria VanBuren - May 27, 2011

By Brett Goodman Under the Texas ADR Act, by either the motion of the court or a party, a pending dispute may be referred to mediation except when that dispute is subject to the Federal Arbitration Act. In this referral, an “impartial third party” must be appointed to mediate. To qualify for an appointment as an impartial third party, a person must have completed a minimum of forty hours of training in dispute resolution techniques in a course co