Karl Bayer's Disputing Blog

AHLA — Top Ten Health Law Issues 2011

By Holly Hayes - March 3, 2011

by Holly Hayes The February 2011 American Health Lawyers Association (AHLA) Connections magazine lists the “Top Ten Health Law Issues in a Reformed Healthcare System 2011.” Healthcare reform law passed in 2010 prompted the AHLA to change the focus of their annual “Top 10” article for 2011. Former “Top 10” issues amended by healthcare reform and some new topics that emerged by the passage of the legislation are

Article | Changing Minds: The Work of Mediators and Empirical Studies of Persuasion

By Beth Graham - March 1, 2011

James H. Stark, Professor of Law and Director of the Mediation Clinic at the University of Connecticut School of Law, and Douglas N. Frenkel, Morris M. Schuster Practice Professor of Law and Head of the Mediation Clinic at the University of Pennsylvania School of Law, recently examined empirical research findings on persuasion and its effect on mediation in Changing Minds: The Work of Mediators and Empirical Studies of Persuasion (February 17, 20

Texas Legislative Update

By Beth Graham - February 28, 2011

As many of you know, the 82nd Texas Legislature is currently in full swing. The following notable bills affecting alternative dispute resolution in Texas were filed this session: Senate Bill 218, authored by Senator Nelson and referred to the Senate Committee on Jurisprudence, relates “to procedures in certain suits affecting the parent-child relationship and the operation of the child protective services and foster care systems.” The bill would

GUEST-POST | Italy’s Lawyers Call for National Strike Against Mediation Law

By Beth Graham - February 25, 2011

by Michael McIlwrath A new law requiring mediation to be used in commercial cases comes into effect in Italy on March 21. It’s been heralded as a significant potential change and, you would think for a country with a famously overburdened court system, heartily welcomed as a caseload-reducing initiative. Proactive local chambers of commerce have been sponsoring initiatives to promote the introduction of mediation, and mediation providers have bee

Nevada Revises Foreclosure Mediation Program

By Beth Graham - February 22, 2011

The Nevada Supreme Court has revised the state’s Foreclosure Mediation Program (FMP) which commenced on July 1, 2009 in an effort to address Nevada’s high home foreclosure rate. The rules were updated following a written comment period and public hearing held last December. According to the Supreme Court of Nevada, the revised rules will: Expand the time to file a petition for judicial review from 15 to 30 days after a party receives a mediator’s

Collaboration Needed to Improve Health Care Delivery System

By Holly Hayes - February 18, 2011

by Holly Hayes According to an American Hospital Association (AHA) News report, Don Berwick, M.D., Administrator of the Centers for Medicare & Medicaid Services, testified on February 10, 2011, at a House Ways and Means Committee hearing on the impact the Patient Protection and Affordable Care Act (PPACA) will have on Medicare. Dr. Berwick, said: “building an improved Medicare program and health care delivery system must be a collaborat

WIPO Launches International Survey on Dispute Resolution in Technology Transactions

By Beth Graham - February 16, 2011

The World Intellectual Property Organization (WIPO) has launched an International Survey on Dispute Resolution in Technology Transactions. The survey was “developed with the support of the International Association for the Protection of Intellectual Property (AIPPI), the Association of University Technology Managers (AUTM), the Fédération Internationale des Conseils en Propriété Industrielle (FICPI) and the Licensing Executives Society Internatio

Toolkit to Address Disruptive Behavior in Healthcare Published

By Holly Hayes - February 11, 2011

by Holly Hayes The U.S. Department of Defense has published an on-line Professional Conduct Toolkit designed to help put a stop to disruptive behaviors in healthcare that “undermine team effectiveness, contribute to unhealthy work environments, and put patients at risk.” The toolkit consists of four modules: Professional Conduct, Teamwork, and Patient Safety Responding to Behaviors that Undermine Safe Patient Care Supporting engagemen

Foreclosure Mediation Legislation Referred to Senate Judiciary Committee

By Beth Graham - February 10, 2011

Sen. Sheldon Whitehouse (D – Rhode Island) has introduced legislation that would provide bankruptcy court judges with the option to require homeowners undergoing bankruptcy and their lenders to engage in foreclosure mediation. According to DS News magazine, Whitehouse’s proposal is modeled after a court program in his home state of Rhode Island. He says it would not give judges the power to slash mortgage debt like the many bankruptcy cramd

E. D. of Texas Refuses to Vacate Judgment Despite Mediated Settlement Agreement

By Beth Graham - February 9, 2011

The Eastern District of Texas has refused to grant a jointly filed motion for vacatur despite that provisions of the parties’ mandatory mediation settlement agreement required vacatur of portions of the court’s earlier judgment. In Ohio Willow Wood Co. v. Thermo-Ply, Inc., No. 9:07-CV-274, (E. D. Tex., February 3, 2011), the Ohio Willow Wood Company (“OWW”) filed a lawsuit against Thermo-Ply, Inc. for alleged infringement of its paten