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Mediation
Mediation: The Best and Worst of Times
By Beth Graham - July 23, 2015
Professor Jacqueline M. Nolan-Haley, Director of the Conflict Resolution and ADR Program at Fordham University School of Law, has published “Mediation: The Best and Worst of Times,” 16 Cardozo Journal of Conflict Resolution 731 (2015); Fordham Law Legal Studies Research Paper No. 2625727.
Governor Abbott Vetoes Bill That Would Have Allowed for Mediation in Some Texas Criminal Cases
By Beth Graham - July 19, 2015
Last month, Texas Governor Greg Abbott vetoed a bill that would have imported the civil mediation process into non-violent, non-sexual, and non-drug-related criminal law matters prosecuted in the state.
Potential Class Action Privacy Case Against Facebook Heads to Mediation
By Beth Graham - June 6, 2015
Social media giant Facebook has reportedly agreed to engage in mediation with website users who claim the company violated their right to privacy.
Texas Legislature Considers Measure that Would Require Out-of-Network Emergency Room Providers to Arbitrate Payment Claims
By Beth Graham - March 20, 2015
A bill seeking to establish an arbitration process designed to protect patients who are treated by an out-of-network provider during an emergency room visit from being hit with hefty medical charges is currently before the Texas Legislature.
Federal Judge Orders Sugar Land Nursing Home Visitation Dispute to Mediation
By Beth Graham - February 19, 2015
A Sugar Land nursing home dispute that arose after an elderly resident’s family was banned from a long-term care facility over a number of social media posts has reportedly been ordered to mediation.
When Conflicts Polarize Communities: Designing Localized Offices that Intervene Collaboratively
By Beth Graham - January 19, 2015
Nancy H. Rogers, Professor Emeritus of Law at the Ohio State University Michael E. Moritz College of Law has authored a timely paper entitled, “When Conflicts Polarize Communities: Designing Localized Offices that Intervene Collaboratively,” Ohio State Journal on Dispute Resolution, Forthcoming; Ohio State Public Law Working Paper No. 283.
U.S. Supreme Court Asked to Review Case Where Mediator Conflict Existed
By Beth Graham - January 8, 2015
The United States Supreme Court has reportedly been asked to review a federal court’s order refusing to set aside a jury’s verdict where a court-appointed mediator failed to disclose his close personal relationship with a partner at the law firm representing several of the defendants.
Use and Perception of International Commercial Mediation and Conciliation
By Beth Graham - November 26, 2014
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law has published “Use and Perception of International Commercial Mediation and Conciliation: A Preliminary Report on Issues Relating to the Proposed UNCITRAL Convention on International Commercial Mediation and Conciliation,” University of Missouri School of Law Legal Studies Research Paper No. 2014-28.
Friendly Persuasion in Civil Case Mediations
By Beth Graham - November 3, 2014
Professor James A. Wall Jr., Fellow at the University of Missouri School of Law’s Center for Dispute Resolution, and Dr. Suzanne Chan-Serafin, Senior Lecturer at the University of New South Wales School of Organization and Management, have published an interesting article entitled, Friendly Persuasion in Civil Case Mediations, Conflict Resolution Quarterly, 31: 285–303.
E.D. Texas Orders Guardrail Safety Case to Mediation Following $175 Million Jury Award
By Beth Graham - October 30, 2014
Earlier this week, a federal judge in Marshall, Texas reportedly ordered a guardrail manufacturer and a whistleblower to engage in mediation by the end of the year. In U.S. ex rel. Harman v. Trinity Industries Inc. et al., No. 12-00089 (E. D. Tex.), a whistleblower and company competitor, Harman, claimed that Trinity Industries changed the design of its highway guardrail heads in 2005 without notifying the Federal Highway Administration (“FHA”).
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