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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

Proposed Legislation Aimed at Preventing Surprise Medical Bills Approved by Texas Senate’s Committee on Business and Commerce

By Beth Graham - April 3, 2019

Yesterday, the Texas Senate’s Committee on Business and Commerce voted 7-2 to approve a substitute Senate Bill 1264 that was introduced in an effort to protect Texas patients from incurring surprise out-of-network medical bills.

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Fifth Circuit Holds Houston Law Firm May Intervene in Client’s Arbitration Case

By Beth Graham - April 2, 2019

The United States Court of Appeals for the Fifth Circuit has ordered a Texas federal court to allow a law firm to intervene in a case over a contingency fee dispute with a client following arbitration proceedings. 

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The Impact of Confidentiality on Reasonable Royalty Determinations in Patent Disputes

By Kyle Bailey - April 1, 2019

Under 35 U.S. Code § 284, a patentee involved in patent infringement litigation is entitled to recover damages “adequate to compensate for the infringement.”

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Past As Prologue: Arbitration as an Early Common Law Court

By Beth Graham - March 28, 2019

S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “Past As Prologue: Arbitration as an Early Common Law Court,” 57 Houston Law Review__ (2020, Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2019-05.

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Arbitration

Fifth Circuit Holds Houston Law Firm May Intervene in Client’s Arbitration Case

By Beth Graham - April 2, 2019

The United States Court of Appeals for the Fifth Circuit has ordered a Texas federal court to allow a law firm to intervene in a case over a contingency fee dispute with a client following arbitration proceedings. 

Continue reading...

The Impact of Confidentiality on Reasonable Royalty Determinations in Patent Disputes

By Kyle Bailey - April 1, 2019

Past As Prologue: Arbitration as an Early Common Law Court

By Beth Graham - March 28, 2019

Mediation

Court-Approved Mediation Used to Assist Fungal Meningitis Victims

By Beth Graham - October 21, 2013

The crossroads between healthcare and mediation is in the news again.

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New AAA Commercial Arbitration Rules and Mediation Procedures Go Into Effect Today

By Beth Graham - October 1, 2013

NFL, Former Players Agree to $765 Million Settlement During Court-Ordered Mediation

By Beth Graham - September 4, 2013

Healthcare Disputes

Conflict Engagement in Healthcare

By Holly Hayes - April 1, 2011

by Holly Hayes Karl Bayer and I taught a three-hour course at the American College of Healthcare Executives (ACHE) national meeting in Chicago last week. Our topic: Introducing Conflict Resolution Skills in Health Care. We summarized how conflict is viewed in the health care setting, reviewed a cost of conflict calculator, and used case studies from Getting to Yes by Roger Fisher and William Ury, The Power of a Positive No by William Ury, and Beyond Reason: Using Emotions as you Negotiate by Roger Fisher and Daniel Shapiro to teach conflict engagement skills. The reasons for working together in healthcare include: protecting/improving on-going relationships and improving patient safety, to meet regulatory standards, and for financial reasons — no margin, no mission. A study of nurses’ experiences with disruptive behavior published in the Journal of Nursing Care Quality summarized it well: “Disruptive behavior in healthcare has been identified as a threat to quality of care, nurse retention, and a culture of safety.” Read more here. The Joint Commission, National Patient Safety Foundation, American Medical Association (AMA) and ACHE have all made statements or developed standards or codes of conduct which support the concept that a collaborative relationship among care givers contributes to the provision of high quality patient care. As part of a series, in the next few weeks we will publish the real-life example used for our cost of conflict calculator and the healthcare case studies we used in our teaching. Technorati Tags: Healthcare, 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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Public Hearing Held on Texas Collaborative Healthcare Bill

By Holly Hayes - March 30, 2011

A public hearing was held yesterday on a collaborative healthcare bill currently before the 82nd Texas Legislature which would establish a Texas Institute of Health Care Quality and Efficiency. SB 8, which seeks “to improve health care quality, accountability, and cost containment in this state by encouraging health care provider collaboration, effective health care delivery models, and coordination of health care services,” was referred to the Health & Human Services Committee on February 17th. The bill’s author, Senator Jane Nelson, is also the Chair of the Senate Committee on Health and Human Services. The full text of the bill is available here. You may download audio and video of public hearings before the Committee on the Health and Human Services Committee’s website. You may also monitor this and other bills as they move through the Texas Legislature here. The last day of the regular Texas legislative session will be Monday, May 30, 2011. Disputing previously discussed SB 8 here and here. Technorati Tags: Healthcare, Texas Legislation ?

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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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