The 82nd regular session of the Texas Legislature adjourned on May 30, 2011. More than 1,500 bills and resolutions have been sent to Governor Rick Perry. The Governor has until June 19th to sign, veto, or let the bills become law without a signature. Find the ADR bills filed during this session here. Governor Perry has already called for a special session starting on May 31st, the session is limited to: Legislation relating to fiscal matters necessary for the implementation of HB 1 as passed by the 82nd Legislature during the regular session, including measures that will allow school districts to operate more efficiently; Legislation relating to healthcare cost containment, access to services through managed care, and the creation of economic and structural incentives to improve the quality of Medicaid services; and Congressional redistricting. Stay tuned to Disputing for more legislative updates! Technorati Tags: arbitration, ADR, law
Continue reading...Our blog contributor Don Philbin has published his yearly survey of ADR case law in the Fifth Circuit. Here is part of the introduction: Alternative Dispute Resolution as a whole is thriving. Civil jury trials continued at multi-decade lows, both absolutely and as a percentage of dispositions.1 And alternatives to those trials have become mainstream. But not all Alternative Dispute Resolution (ADR) is equal. As ADR users have become more sophisticated buyers, they are thin-slicing their available processes. Mediation is growing in popularity and rarely results in a court challenge. It is popular because it is not rule-bound and stable because of clear law protecting the process. Arbitration, on the other hand, has drawn more criticism with increased use and dominates this year’s case review. Though nineteen arbitration cases were decided by the Fifth Circuit this term, that is less than half the number decided just two years ago. And most were quietly decided with unpublished and often per curiam opinions, which is consistent with broader circuit trends. While circuit activity in the area has calmed, the United States Supreme Court continues to accept and decide arbitration cases that have a pronounced impact on practice not only in the Fifth Circuit but in state-court cases governed by the Federal Arbitration Act (FAA). Three of seventy-three October 2009 Term Supreme Court opinions focused on arbitration, there is at least one more pending this October 2010 Term, and the Court has agreed to hear yet another during the October 2011 Term. Most of the Fifth Circuit cases involved pre-arbitration challenges to the arbitral process, and less than half of those were successful. Those are good odds compared to the post-arbitration challenges seeking to vacate an award: not a single arbitration award was vacated during the term. This is attributable in large part to two decades of U.S. Supreme Court rulings that have moved pre-dispute arbitration agreements “from disfavored status to judicially-denominated „super-clauses.?” As a result, arbitrators may the rate of disposition by jury trial 43.7%. In 2009, 0.6% of civil filings were disposed of by jury trial, up from 0.5% in both 2007 and 2008. You may download the article here. Technorati Tags: law, ADR, arbitration
Continue reading...Section 154.054 of the Texas ADR Act discusses compensation of impartial third parties-such as a mediator. The Act allows the court to set a reasonable fee for the services for a court-appointed mediator. (Read more about court-ordered mediation here.) Unless the parties agree to a method of payment, the court shall tax the fee for the services of an impartial third party as other costs of suit. The parties can also agree to split the mediation fees other than half and half. Furthermore, if a party is unable to pay for its part of the mediation fees, such party may file an objection. If the court denies the objection, then the party may initiate a mandamus proceeding on the grounds that the court abused its discretion. Technorati Tags: law, ADR, arbitration
Continue reading...We came across an interesting new book on negotiations, Lawyering with Planned Early Negotiations: How You Can Get Good Results for Clients and Make Money, by John Lande, Professor and Director of the LLM Program in Dispute Resolution at the University of Missouri School of Law. Here is the book description: Whether you’re a solo practitioner or in a mid- to large-sized firm, you negotiate often in your career. This guide discusses how you can be more successful using Planned Early Negotiations. The strategies in this book can help you become a more effective negotiator, which can increase your professional satisfaction, generate good will, relieve stress, and increase your effective billing rates with creative fee arrangements. This book is not only about negotiation — it outlines a general approach to practicing law. This book will help you: Build strong relationships with your clients Choose billing systems that maximize both your interests and your clients’ interests Develop effective working relationships with the other side and minimize unnecessary conflict Increase your confidence when you negotiate Manage problems that commonly arise in negotiation Use experts and other professionals effectively Improve your negotiation skills throughout your career More information is here. Technorati Tags: law, ADR, arbitration
Continue reading...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.
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.