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  • We’re Back!!!!
    Well, it’s been a while since we published and that is about to change.   Since I spent much of last year becoming
  • JAMS Welcomes Karl Bayer to its Panel of Neutrals
    JAMS, the world’s largest private alternative dispute resolution (ADR) provider, is pleased to announce that Karl Bayer
  • Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the EU Countries
    Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has written “Class Ac
  • Picking the Proper Technological Tool for Problem-Solving in Arbitration
    Professor Amy J. Schmitz, John Deaver Drinko-Baker & Hostetler Chair in Law and Co-Director of the Translational Data An

Recent Posts

Texas Insurer Abandons Mandatory Mediation-Arbitration Endorsement Proposal

By Beth Graham - November 8, 2016

The Texas Farm Bureau has reportedly abandoned a proposal that would have allowed insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower homeowners’ policy premium.

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The Unwritten Federal Arbitration Act

By Beth Graham - November 3, 2016

Anthony J. Sebok, Professor of Law at Yeshiva University – Benjamin N. Cardozo School of Law, has published an interesting journal article entitled “The Unwritten Federal Arbitration Act,” DePaul Law Review, Vol. 65, 2016: Cardozo Legal Studies Research Paper No. 505.

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Texas Federal Court Enjoins Mandatory Arbitration Restriction in Executive Order 13673 – Fair Pay and Safe Workplaces

By Beth Graham - November 1, 2016

Last week, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction regarding the mandatory arbitration restriction and other provisions of Executive Order 13673 – Fair Pay and Safe Workplaces (“EO 13673”).

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30 Years Behind and the Road Ahead for the Widespread Use of Mediation

By Beth Graham - October 27, 2016

Professor Lela P. Love, Director of the Kukin Program for Conflict Resolution and Director of the Cardozo Mediation Clinic at Yeshiva University – Benjamin N. Cardozo School of Law, and Ellen A. Waldman, Professor of Law at Thomas Jefferson School of Law, have published “The Hopes and Fears of All the Years: 30 Years Behind and the Road Ahead for the Widespread Use of Mediation,” Ohio State Journal on Dispute Resolution, Vol. 31, No. 2, 2016; Cardozo Legal Studies Research Paper No. 497.

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Arbitration

Fort Worth COA Rules Employer’s Online Arbitration Policy is Unenforceable Absent Explicit Notice to Workers

By Beth Graham - April 6, 2017

The Court of Appeals for the Second District of Texas in Fort Worth has ruled that a worker was not bound by her employer’s arbitration policy despite that it was made available to her online because she was not explicitly informed about it.

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The European Succession Regulation and the Arbitration of Trust Disputes

By Beth Graham - April 5, 2017

SCOTX Declines to Hear Challenge to Arbitration Award

By Beth Graham - April 4, 2017

Mediation

Industry Responses to Medical Malpractice Reform in President Obama’s Health Care Plan

By Holly Hayes - September 11, 2009

by Holly Hayes President Obama’s Plan on Health Care (discussed here and outlined here) includes a provision on medical malpractice reform that instructs the Secretary of Health and Human Services to award medical malpractice demonstration grants to states funded by the Agency for Healthcare Research and Quality. Following are some responses from industry leaders: American Hospital Association (AHA) President and CEO, Rich Umbdenstock, said, “We appreciate the President’s willingness to explore better alternatives to today’s medical liability system, and urge that even stronger actions be taken in this area to reign in excessive lawsuits that are currently driving physicians to practice defensive medicine and raise the cost of care for everyone.” (find the statement here) American Medical Association (AMA) President, J. James Rohack, MD, comments, “President Obama recognized what physicians have long known – that medical liability reform is needed to bring down the cost of health care, and he is directing the Department of Health and Human Services to take action now. Recognizing the critical need for medical liability reform is an important step toward reducing unnecessary costs. Everyday physicians across the country are forced to consider the broken medical liability system when making decisions, resulting in defensive medicine that adds to unnecessary health costs. We cannot ignore this problem if health-system reform is going to address the growing cost of care.” (find the statement here) American Nursing Association (ANA) President Rebecca Patton praised President Obama at his first public appearance on health care reform since addressing Congress for advocating for people who lack access to basic health care services in the nation’s “broken system” and for fighting for consumer protections in the health insurance market. (find the statement here) Technorati Tags: Tort Reform, Healthcare President Obama, speech September 9, arbitration, ADR, law, mediation Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at: holly@karlbayer.com.

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President Obama’s Health Care Speech: Tort Reform Implications to Arbitration and Mediation

By Holly Hayes - September 11, 2009

Legislating ‘Bad Faith’ in Mediation

By Holly Hayes - September 4, 2009

Healthcare Disputes

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.


About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

Recent Posts

We're Back!!!!
Feb 24, 2025
JAMS Welcomes Karl Bayer to its Panel of Neutrals
JAMS Welcomes Karl Bayer to its Panel of Neutrals
May 28, 2024
Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the EU Countries
Nov 27, 2023

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