Frauke Nitschke, Team Leader and Legal Counsel on one of the Case Management Teams at the International Centre for Settlement of Investment Disputes has published “The ICSID Conciliation Rules in Practice,” Forthcoming, Mediation in International Commercial and Investment Disputes, edited by Catharine Titi and Katia Fach Gómes (Oxford University Press 2018). 

José E. Alvarez, Herbert and Rose Rubin Professor of International Law at New York University School of Law, has written “Reviewing the Use of ‘Soft Law’ in Investment Arbitration,” Vol. 7.2 European International Arbitration Review; NYU School of Law, Public Law Research Paper No. 18-46. 

The Northern District of Texas has dismissed a worker’s Fair Labor Standards Act (“FLSA”) claim because it should have been submitted to arbitration.

Assistant Professor of Law Pamela Bookman,  Temple University Beasley School of Law, has written “The Arbitration-Litigation Paradox,” Vanderbilt Law Review, Forthcoming; Temple University Legal Studies Research Paper No. 2018-29. 

The article below was published this week on the Program on Negotiation at Harvard Law School website. Many scholars have noted that the business community would greatly benefit from third-party dispute resolution services. JThe authors note that disputants use arbitration and mediation less frequently than their preferences on surveys would predict and than rational parties would.

by Holly Hayes The New England Journal of Medicine (NEJM) published on July 13, a summary of the final regulations on “meaningful use” of electronic health records (EHR). The full, final regulation is 864 pages and can be found here. The regulation divides the elements required for “meaningful use” into two groups: first, a set of core objectives that are an essential starting point for meaningful use of EHRs and, second, a menu of additional activities from which providers must choose several to implement in the first 2 years (2011 and 2012). One of the people who has impacted the implementation of EHRs and helped communicate why access to health data matters to ordinary people is Regina Holliday. She tells the story of her fight to obtain access to her husband’s health record during his battle with cancer on her blog, Regina Holliday’s Medical Advocacy Blog. Her compelling, and often heartbreaking, story can be read here. The government has committed unprecedented resources to support the adoption and use of EHRs including incentive payments totaling up to $27 billion over 10 years, or as much as $44,000 (through Medicare) and $63,750 (through Medicaid) per clinician. This funding ties payments to not only adoption of but “meaningful use” of EHRs. Providers must use the technology to create a nationwide system of EHRs that significantly advance health care processes and outcomes. We welcome your comments about the final regulations and implementation of “meaningful use” of ERHs. 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.