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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

The Three Phases of the Supreme Court’s Arbitration Jurisprudence

By Beth Graham - March 17, 2017

Martin H. Malin, Professor of Law and Director of the Institute for Law and the Workplace at the Illinois Institute of Technology’s Chicago-Kent College of Law, has published “The Three Phases of the Supreme Court’s Arbitration Jurisprudence: Empowering the Already-Empowered,” Nevada Law Journal, Vol. 17, 2016.

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9th Circuit Upholds Employer’s Dispute Resolution Agreement Banning Collective Action

By Beth Graham - March 15, 2017

The Ninth Circuit Court of Appeals has upheld an employer’s dispute resolution agreement despite that portions of the provision were unconscionable and it prohibited workers from engaging in collective action.

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The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts

By Beth Graham - March 8, 2017

James P. Nehf, Professor of Law and Cleon H. Foust Fellow at Indiana University’s Robert H. McKinney School of Law, has published “The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts,” 85 Geo. Wash. Law Review (2017).

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Draft Deal Reached in Law School Naming Dispute Following Formal Mediation

By Beth Graham - March 7, 2017

Two Houston law schools have reportedly resolved an ongoing naming dispute through formal mediation.

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Arbitration

Online Voting for the GPC Series Open Until July 31st

By Beth Graham - July 23, 2017

The Global Pound Conference (“GPC”) Series is collecting votes from dispute resolution community stakeholders regarding “how to shape the future of commercial dispute resolution and improve access to justice in the 21st century.”

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Second Circuit Rules ExxonMobil Subsidiary Must Comply With FSIA in Order to Enforce $188 Million ICSID Arbitration Award in U.S.

By Beth Graham - July 18, 2017

CPFB Issues Rule Against Mandatory Arbitration Agreements that Ban Class-Actions

By Beth Graham - July 17, 2017

Mediation

LinkedIn Post | International Commercial Mediation: only lip service?

By Victoria VanBuren - February 22, 2010

Karl came across this interesting comment by Jose Antonio Garcia Alvaro, posted at the ADR Resources Dispute Resolution and Mediation LinkedIn Group. I just received and read the 2009 statistical report of the Arbitration Institute of the Stockholm Chamber of Commerce, an institution that ranks among the best in the world according to several surveys. http://www.sccinstitute.se/filearchive/3/31104/SCC_Statistical_Report_2009.pdf As you will see, of 225 cases filed last year with the SCC, only 3 were resolved through mediation. That’s negligible. At ADR Resources, we follow worldwide trends on arbitration and mediation. Over the past five years numerous reports have indicated that the international business community was ready to shift from an “arbitration-only” scenario, to a growing use of mediation, a growing use of a multi-tier approach to resolve commercial disputes. It all appears to be a case of intentions, not deeds –lip service, if you will. When it comes to drafting international commercial contracts, arbitration reigns supreme as the preferred ADR method by far thus far. There is no “growing” use of mediation to levels that would suggest even a slight shift to mediation to resolve international business disputes. Now, why? Not enough experienced mediators out there in this whole, big world? An entrenched sense that binding arbitration is best when it comes to resolving international commercial disputes? Not enough work on the part of ADR organizations to promote the use of mediation in “big-time” international commercial transactions? A bit of “all of the above”? We would like to know your comments about this post!

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Texas Appeals Court Finds No ‘Meeting of the Minds’ in Dispute Over Mediation Cancellation Fee

By Victoria VanBuren - February 15, 2010

Reminder | State Bar of Texas CLE Webcast on February 16: “When to Use eMediation or Special Masters in eDiscovery”

By Victoria VanBuren - February 10, 2010

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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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