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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

2010 Annual Conference on ADR | Houston, April 30

By Victoria VanBuren - April 23, 2010

Need CLE credits? The Houston Bar Association and the Frank Evans Center for Conflict Resolution at South Texas College of Law will host their Annual Conference on ADR on Friday, April 30, 2010. The all-day conference will take place at South Texas College of Law. The program looks very interesting. Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor of this blog will present “eMediation and Special Masters in eDiscovery: A New Role for Mediation.” The brochure with more information is here. Technorati Tags: law, ADR, arbitration

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Report Emphasizes Need for Teaching Communication Skills in Medical Schools

By Holly Hayes - April 23, 2010

By Holly Hayes The Lucian Leape Institute at the National Patient Safety Foundation released a report entitled “Unmet Needs:Teaching Physicians to Provide Safe Patient Care.” The report concludes that “[U.S.] medical schools are not doing an adequate job of facilitating student understanding of basic knowledge and the development of skills required for the provision of safe patient care.” The report’s 12 recommendations center on three main themes: Medical schools and teaching hospitals need to create learning cultures that emphasize patient safety, model professionalism, encourage transparency, and enhance collaborative behavior. They should have zero tolerance policies for egregious disrespectful or abusive behavior. Medical schools should teach patient safety as a basic science and ensure that students develop interpersonal and communication skills through experiences working in teams with nursing, pharmacy, and other professional students. Medical schools and teaching hospitals need to launch intensive faculty development programs to enable all faculty to acquire sufficient patient safety knowledge and to develop the interpersonal skills in teamwork and collaboration that permit them to function effectively as teachers and role models for students. A focus on teaching communication, teamwork, and conflict resolution skills in medical schools can be a major step toward more effective patient safety. We welcome your comments on this topic. 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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U.S. Supreme Court to Hear Arguments in Arbitration Unconscionability Case: Rent-A-Center v. Jackson

By Victoria VanBuren - April 22, 2010

Oral arguments in Rent-A-Center West v. Jackson, a case that we have been following on this blog, are scheduled at the U.S. Supreme Court on Monday, April 26. Here are some relevant details: Question Presented: Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act (“FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for decision? Briefs Filed: (ABA links) Brief for Petitioner Rent-A-Center, West, Inc. Brief for Respondent Antonio Jackson Reply Brief for Petitioner Rent-A-Center, West, Inc. Brief for the Equal Employment Advisory Council in Support of Petitioner Brief for the Chamber of Commerce of the United States of America in Support of Petitioner Brief for American Federation of Labor and Congress of Industrial Organizations in Support of Respondent Brief for Professional Arbitrators and Arbitration Scholars in Support of Respondent Brief for Lawyers’ Committee for Civil Rights Under Law, Alliance for Justice, Asian American Justice Center, Constitutional Accountability Center, National Partnership for Women & Families, and National Women’s Law Center in Support of Respondent Brief for National Association of Consumer Advocates in Support of Respondent Brief for American Association for Justice and AARP in Support of Respondent Brief for National Consumer Law Center and Consumer Action in Support of Respondent Brief for Service Employees International Union, Legal Aid Society – Employment Law Center, National Employment Lawyers Association, National Employment Law Project, Women’s Employment Rights Clinic, and The Employee Rights Advocacy Institute for Law & Policy in Support of Respondent Related Posts at Contracts Prof Blog: Rent-A-Center West v. Jackson II: Respondent’s Brief (April 12, 2010) Introducing Karen Halverson Cross and the Arbitration Roundtable (April 13, 2020) Karen Halverson Cross: Guest Post on Rent-A-Center v Jackson (April 15, 2010) Guest Post by Christopher Drahozal on Rent-A-Center (April 15, 2010) Reply Brief in Rent-A-Center West v. Jackson (April 19, 2010) Guest Post by Karen Halverson Cross on the Rent-A-Center Reply Brief (April 19, 2010) The Next Phase in Challenges to Arbitration Provisions: David Horton in the UCLA Law Review (April 20, 2010) Embarrassment of Riches: Guest Post by David Horton (April 21) Related Posts at Disputing: Recent Developments in Arbitration Unconscionability, with links to older posts (March 30, 2010) Arbitration Unconscionability Case: New Amicus Curiae Brief (April 6, 2010) Technorati Tags: law, ADR, arbitration

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Fulbright Releases its 2010 International Arbitration Report

By Victoria VanBuren - April 21, 2010

From the International law firm of Fulbright & Jaworski, LLP: What’s New in Arbitration? Developments, Decisions. A free copy of the report may be downloaded at www.fulbright.com/IAR17. Hard copies are available by e-mailing IAR@fulbright.com. The new 2010 International Arbitration Report, Issue 1 from Fulbright’s Arbitration and ADR Practice Group is just out. Courts, arbitration organizations and governments around the world have recently addressed important issues relating to arbitration on several fronts. Among the developments that Fulbright arbitration lawyers analyze in the current issue are: Recent developments concerning arbitration in China and enforcement of foreign awards in China National Navigation v. Endesa — the continuation of the West Tankers saga French Supreme Court decision confirming France’s transnational approach to arbitration agreements Proposed restatement of U.S. Law of International Commercial Arbitration Technorati Tags: law, ADR, arbitration

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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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