Karl Bayer's Disputing Blog

Online Mediation May Allow Restorative Justice to Continue During COVID-19

By Renata Schaffer - May 20, 2020

Since the COVID-19 pandemic began, the criminal justice system and its efforts of justice and reconciliation, commonly known as restorative justice, have taken a huge hit.

Remote Arbitration Best Practices: Security and Confidentiality

By Kyle Bailey - May 12, 2020

Disputing is synthesizing guidance documents from the AAA, CIArb, CPR, Hogan Lovells, and the ICC, as well as the Seoul Protocol, to provide a comprehensive list of best practices for remote arbitration.

Using Rule 11 to Keep Your Case Moving During COVID-19

By Tracy McCormack - May 11, 2020

Remember when Rule 11 was used just to memorialize a discovery extension? Meet the new and improved Rule 11. It’s a powerful tool to keep your clients happy and your cases moving when you don’t have regular access to the courts.

International Council for Online Dispute Resolution and National Center for Technology and Dispute Resolution Facilitate ODR

By Beth Graham - April 24, 2020

Due to the ongoing COVID-19 worldwide health crisis, online dispute resolution (“ODR”) processes have become increasingly important for most dispute resolution professionals.

NADN Bulletin – Zoom Hype & Headlines

By Darren A. Lee and Karl Bayer - April 9, 2020

Because in-person mediations and arbitrations have become a public health risk due to COVID-19, the National Academy of Distinguished Neutrals (“NADN”) has taken measures to ensure that members of the Academy are able to serve firms with online mediation sessions using the latest video conferencing platforms.

Beneficial and Ethical ODR for Family Issues

By Beth Graham - April 7, 2020

Amy J. Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, and Leah Wing, Co-director of the National Center for Technology and Dispute Resolution and Senior Lecturer II in the Legal Studies Program, Department of Political Science at the University of Massachusetts Amherst, have published “Beneficial and Ethical ODR for Family Issues,” Family Court Review, Forthcoming; University of Missouri S

International Dispute Resolution and COVID-19

By Beth Graham - March 13, 2020

The Secretariat of the International Court of Arbitration has issued letter guidance regarding the ongoing worldwide COVID-19 outbreak.

Mediation Scheduling Challenges

By Karl Bayer - March 11, 2020

Over the last few weeks, several attorneys and their clients have told me they anticipate exceptional challenges moving forward with mediations amid new travel restrictions and developing health and safety concerns. I imagine these challenges will only increase in the coming months.

Dangers of Digitizing Due Process

By Beth Graham - February 18, 2020

Amy J. Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, has written “Dangers of Digitizing Due Process,” University of Missouri School of Law Legal Studies Research Paper No. 2020-01 (Draft to be Edited and Included in Published Proceedings with Cyberjustice Laboratory).

Online Dispute Resolution: A Primer

By Kyle Bailey - February 14, 2020

Online Dispute Resolution (ODR) is not a new concept and has received significant scholarly attention. Nevertheless, there is still serious confusion over what ODR even means.