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All articles tagged '"impasse"'
12 articles found
San Antonio Firefighters Association and City Agree to Mediate Before Former SCOTX Justice
By Beth Graham - April 9, 2019
The City of San Antonio and a local fire union have reportedly reached an agreement to engage in mediation later this month before former Supreme Court of Texas Justice Deborah Hankinson.
The Settlement Drift, Part II
By Jeffrey Krivis - July 15, 2014
The dilution of the process by mandatory mediation programs. The institutionalization of mediation into court programs has resulted in way too many cases going to mediation that did not belong in that process in the first place. Why?
Book Review: Short and Happy Guide to Mediation by Will Pryor
By Renee Kolar - May 9, 2014
Will Pryor's "Short and Happy Guide to Mediation" is both. You can read it in a sitting, and probably will.
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part V
By Renee Kolar - April 16, 2014
The rise of Online Dispute Resolution has lead to some debate over its effectiveness and the benefits of its use. According to some scholars, computer-mediated communication (CMC), which is inextricably linked with ODR, facilitates the interaction process through the use of computers; however, with e-negotiation, for example, it is also believed that [CMC] can undercut the effectiveness of negotiation and lead to “misunderstandings, sinister attr
Fifth Circuit Upholds NLRB’s Decision Regarding Alleged Labor Negotiations Impasse
By Beth Graham - December 31, 2013
The Fifth Circuit has partially upheld a National Labor Relations Board (NLRB) order after finding an employer engaged in bad faith labor negotiations.
Texas Court of Appeals Dismisses Appeal Because Appellant Walked Out of the Court-Ordered Mediation
By Victoria VanBuren - September 26, 2011
In In the Estate of James H. Rice, No. 10-10-00021-CV (Tex.App.- Waco, Aug. 10, 2011) the court found the appeal was appropriate for mediation and on April 20, 2011, ordered the parties to mediate this case. The mediation took place at the McLennan County Dispute Resolution Center (“DRC”) on June 15, 2011. The court, however, received a letter from DRC dated June 22, 2011 which stated the following: the mediation session ended abruptl
Law Review Article | Keeping a Secret from Yourself? Confidentiality When the Same Neutral Serves Both as Mediator and as Arbitrator in the Same Case
By Beth Graham - April 11, 2011
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law recently authored and interesting and useful article entitled Keeping a Secret from Yourself? Confidentiality When the Same Neutral Serves Both as Mediator and as Arbitrator in the Same Case, Baylor Law Review, Forthcoming. In her article, Professor Blankley examines the process of med-arb from a confidentiality and privilege standpoint. Here is the abstract: As th
Article | The NLRA’s Legacy: Collective or Individual Dispute Resolution or Not?
By Beth Graham - January 11, 2011
Carrie Menkel-Meadow, A.B. Chettle, Jr. Professor of Dispute Resolution and Civil Procedure at Georgetown University Law Center and Chancellor’s Professor of Law at the University of California Irvine School of Law, recently published The NLRA’s Legacy: Collective or Individual Dispute Resolution or Not?, ABA Journal of Labor & Employment Law, October 19 2010; UC Irvine School of Law Legal Studies Research Paper No. 2010-28. In her arti
GUEST-POST PART X | Questions Clients Have about Mediation: Is There a Recipe for a Successful Mediation?
By Victoria VanBuren - July 26, 2010
By Kent B. Scott and Cody W. Wilson The success of mediation is mainly determined by the parties. It is their process and they are in control of the ultimate result. While there is no guarantee that any mediation will succeed, there are some common elements found in successful mediations: The mediator selected by the parties had the skills, knowledge and style (i.e., evaluative or facilitative) that fit the dispute and personalities involved in t
GUEST-POST PART IX | Questions Clients Have about Mediation: What Happens in Mediation?
By Victoria VanBuren - July 19, 2010
By Kent B. Scott and Cody W. Wilson Every mediation is unique. The mediator will work with the parties and counsel to devise the appropriate format for the mediation. In general, however, mediation has four stages: Opening joint session The mediation usually begins with a joint session. At this session, the parties will be seated and the mediator will introduce everyone to each other. The mediator will also set out some rules of appropriate condu
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