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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

A CHANCE TO BECOME A SPECIAL MASTER

By Merril Hirsh, FCIArb - December 7, 2021

In a September 15, 2021 post, I described the decision by the Academy of Court-Appointed Master (ACAM) (1) to try to open up the special masters profession by inviting people who had not previously served as special masters to join our organization and to receive training, mentoring and professional standards; and (2) to partner with other organizations both public and private both to recruit diverse candidates to serve as special masters and to expand the ways in which special masters can assist in the administration of justice. 

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Ordering Online Arbitration in the Age of Covid … and Beyond

By Beth Graham - December 6, 2021

Amy J. Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, has written “Ordering Online Arbitration in the Age of Covid … and Beyond,” University of Missouri School of Law Legal Studies Research Paper No. 2021-21. 

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The Impending Battle for the Soul of Online Dispute Resolution

By Beth Graham - October 26, 2021

Oladeji Tiamiyu, Clinical Fellow at Harvard Law School and Host of Convergence, a podcast exploring the intersection of technology and dispute resolution, has published an interesting article titled, “The Impending Battle for the Soul of ODR: Evolving Technologies and Ethical Factors Influencing the Field,” 23. Cardozo J. Conflict Resol. 21 (forthcoming). 

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SCOTUS Will Not Review DoorDash Arbitration Claim in Case Brought By Driver

By Beth Graham - October 25, 2021

The Supreme Court of the United States has declined to consider whether to send a putative class action employment lawsuit that was filed against food and delivery app DoorDash to arbitration.

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Arbitration

SCOTUS to Consider Whether Arbitration Waiver Defense Prejudice Requirement Violates AT&T Mobility v. Concepcion Holding

By Beth Graham - December 13, 2021

The Supreme Court of the United States has agreed to consider whether asking a party to an arbitration agreement to demonstrate prejudice when claiming a waiver defense violates the requirement established 10 years ago in AT&T v. Concepcion, which stated courts must “place arbitration agreements on an equal footing with other contracts.”

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Ordering Online Arbitration in the Age of Covid … and Beyond

By Beth Graham - December 6, 2021

The Impending Battle for the Soul of Online Dispute Resolution

By Beth Graham - October 26, 2021

Mediation

Remote Arbitration Best Practices: Security and Confidentiality

By Kyle Bailey - May 12, 2020

Disputing is synthesizing guidance documents from the AAA, CIArb, CPR, Hogan Lovells, and the ICC, as well as the Seoul Protocol, to provide a comprehensive list of best practices for remote arbitration.

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Using Rule 11 to Keep Your Case Moving During COVID-19

By Tracy McCormack - May 11, 2020

International Council for Online Dispute Resolution and National Center for Technology and Dispute Resolution Facilitate ODR

By Beth Graham - April 24, 2020

Healthcare Disputes

Federal Judge Orders Sugar Land Nursing Home Visitation Dispute to Mediation

By Beth Graham - February 19, 2015

A Sugar Land nursing home dispute that arose after an elderly resident’s family was banned from a long-term care facility over a number of social media posts has reportedly been ordered to mediation.

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Texas Supreme Court Hears Oral Argument Over Possible FAA Preemption in Nursing Home Case

By Beth Graham - October 15, 2014

On Tuesday, the Supreme Court of Texas heard oral argument in Fredricksburg Care Co., L.P. v. Perez, No. 13-0573. In the case, a Texas nursing home sought appellate review after the Fourth Court of Appeals in San Antonio denied its motion to compel arbitration in a wrongful death lawsuit based on the requirements set forth in the Texas Medical Liability Act (“TMLA”).

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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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