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UT Law to Host 11th Annual Symposium on Dispute Resolution on April 29, 2011
By Beth Graham - April 28, 2011
The Center for Public Policy Dispute Resolution at the University of Texas School of Law will host the Eleventh Annual Spring Symposium on Dispute Resolution on April 29, 2011 from 8:30 am to 4:00 pm in the Jeffers Courtroom. The featured keynote speaker is Robert M. O’Neil, former President of the University of Virginia and Professor of Law Emeritus at the University of Virginia School of Law. The symposium, hosted by The Center for Public Polic
Texarkana COA Upholds MSA Where Mediator Resolved Dispute Regarding Scope
By Beth Graham - April 19, 2011
The Texarkana Court of Appeals has upheld a mediation settlement agreement (“MSA”) in a divorce proceeding where the mediator was called upon to resolve a factual dispute concerning the scope of the mediation. In In re Allen, No. 06-10-00085-CV (Tex. App. – Texarkana, March 30, 2011), Daphne and James Allen entered into a mediation settlement agreement during divorce proceedings which resulted in the division of a large piece of property that inc
Law Review Article | Regulating Mandatory Arbitration
By Beth Graham - April 15, 2011
A new paper entitled Regulating Mandatory Arbitration, is available from Thomas Burch, Assistant Visiting Professor in Law at the Florida State University College of Law. (Utah Law Review, 2011; FSU College of Law, Public Law Research Paper No. 493.) In his paper, Professor Burch examines mandatory arbitration jurisprudence and reform efforts over the past twenty-five years. Here is the abstract: Over the last twenty-five years, the Supreme Court
Innovations in Collaboration and Conflict Resolution – Skills Enrichment Institute | Austin, July 28-29
By Beth Graham - April 13, 2011
The Center for Public Policy Dispute Resolution at the University of Texas School of Law will be hosting “Innovations in Collaboration and Conflict Resolution – Skills Enrichment Institute,” July 28-29 at the Four Seasons Hotel in Austin, TX. According to the Center for Public Policy Dispute Resolution, This dynamic skill-building program allows participants to choose from five intensive two-day tracks. In addition, the program fosters oppo
Ninth Circuit Affirms Mediated Facebook Settlement
By Beth Graham - April 12, 2011
The Ninth Circuit Court of Appeals has enforced a mediation confidentiality agreement and refused to nullify a mediated settlement agreement. In Facebook v. ConnectU, Inc., No. 08-16873, (9th Cir., April 11, 2011), Cameron and Tyler Winklevoss sued Mark Zuckerberg in Massachusetts claiming he stole the idea for the social networking site Facebook from them. Zuckerberg countersued the Winklevosses and their social networking site, ConnectU, in Cal
Law Review Article | Keeping a Secret from Yourself? Confidentiality When the Same Neutral Serves Both as Mediator and as Arbitrator in the Same Case
By Beth Graham - April 11, 2011
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law recently authored and interesting and useful article entitled Keeping a Secret from Yourself? Confidentiality When the Same Neutral Serves Both as Mediator and as Arbitrator in the Same Case, Baylor Law Review, Forthcoming. In her article, Professor Blankley examines the process of med-arb from a confidentiality and privilege standpoint. Here is the abstract: As th
Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration Symposium Columbia, MO | October 21
By Beth Graham - April 6, 2011
Mark your calendars! On October 21, 2011, the University of Missouri School of Law Center for the Study of Dispute Resolution will host its annual symposium in cooperation with the Chartered Institute of Arbitrators (CIArb) North American Branch, the University of Missouri International Center and the University of Missouri Transatlantic Center. The symposium, entitled Border Skirmishes: The Intersection Between Litigation and International Comme
Accountable Care Organization (ACO) Regulations Proposed
By Beth Graham - April 4, 2011
by Holly Hayes Last week, The New York Times reported the Obama administration has proposed long-awaited Affordable Care Act (the Act) regulations “encouraging doctors and hospitals to band together, coordinate care and cut costs,” through the formation of Accountable Care Organizations (ACOs). In return for this collaboration, the government is offering financial rewards to health care providers that meet detailed federal standards w
Dallas COA Holds Arbitration Clause Illusory and Unenforceable
By Beth Graham - March 25, 2011
The Dallas Court of Appeals has held that certain language contained in an employee handbook rendered the contained and referenced arbitration and mediation agreements illusory and unenforceable. In Weekley Homes, L.P. v. Rao, No. 05-10-00570 (Tex. App. – Dallas, March 22, 2011), Len Rao, former Division President of David Weekley Homes, filed a lawsuit against the company which alleged breach of contract, conversion, breach of fiduciary duty, li
Law Review Article | Integrating ‘Alternative’ Dispute Resolution into Bankruptcy: As Simple (and Pure) as Motherhood and Apple Pie?
By Beth Graham - March 22, 2011
Nancy Welsh, Professor of Law at the Pennsylvania State University Dickinson School of Law recently authored an interesting article entitled, “Integrating ‘Alternative’ Dispute Resolution into Bankruptcy: As Simple (and Pure) as Motherhood and Apple Pie?” Nevada Law Journal, Vol. 11, April 2011; The Pennsylvania State University Legal Studies Research Paper No. 6-2011; Conflict Resolution and the Economic Crisis, Symposium Issue. In her article,
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