Menu
All articles tagged '"New York"'
85 articles found
In Health Reform, the Power of a Positive No
By Holly Hayes - April 13, 2010
By Holly Hayes Those of us in the mediation field have likely read The Power of a Positive No by William Ury. I was reminded of this book when I read the New York Times article this week, “In Medicine, the Power of No.” See the full article here. William Ury’s preface begins with a discussion of his daughter’s illness and his family’s “long journey through the medical system.” He says, “I realize th
Where Does ADR Fit in Health Care?
By Holly Hayes - April 1, 2010
By Holly Hayes Readers have asked us, “where does ADR fit in health care? It’s a good question and one we have contemplated ourselves. To learn more, we are undertaking an informal survey asking leaders in the field to share their thoughts and experiences on this topic. So far, we have learned that ADR techniques can be applied with the following groups: Physician Practices and Hospitals: As more and more physicians move out of privat
Texas Doctor Proposes Physician-Led Solution to Cut Health Care Costs
By Victoria VanBuren - March 8, 2010
By Holly Hayes The New York Times posted last week an interview with Dr. Howard Brody (pictured left), professor of family medicine and director of the Institute for the Medical Humanities at the University of Texas Medical Branch in Galveston, discussing a proposal for health care reform involving physicians. Physicians, Dr. Brody says, are not “innocent bystanders” to increasing health care costs but have made little effort to limit future medi
The Corporate Counsel International Arbitration Group Works to Reform International Arbitration Process
By Victoria VanBuren - February 16, 2010
The following excerpt is from David Hechler, published by Corporate Counsel: The global recession has led to a spike in cross-border commercial disputes, which in turn has led to a rise in international arbitration. But even as more companies turn to arbitration, many in-house lawyers complain that the process, at its worst, can be as costly and time-consuming as litigation. Now an advocacy organization called the Corporate Counsel International
GUEST-POST PART II | Employment Arbitration: Short-Term Value but Long-Term Harm
By Victoria VanBuren - January 7, 2010
by F. Peter Phillips This post continues Part I. As drafted, the Arbitration Fairness Act of 2009 (House Bill 1020) would amend Section 2(b) of the FAA to render invalid any pre-dispute arbitration agreement that purports to require arbitration of “an employment, consumer, or franchise dispute.” (“Franchise dispute?” How did that get in there? I would have thought that, subject to FTC regulation and state disclosure requirements, franchise is a p
GUEST-POST PART I | Employment Arbitration: Short-Term Value but Long-Term Harm
By Victoria VanBuren - January 6, 2010
by F. Peter Phillips One hot, lonely summer day in 1958, at our rural home near Crozet, Virginia, I was working on an 8-year old’s project: dislodging a big quartz rock that was buried in the gravel driveway. After a few hours I realized the trowel just wouldn’t do the job. So I found a wood chisel in my Dad’s tool chest. “Ah-ha!” I thought, “This is just the thing! I’ll reduce it to bits and dislodge it a chunk at a time!” By the time Dad got ba
General Motors and Chrysler Car Dealerships Might Head to Arbitration
By Victoria VanBuren - December 14, 2009
As readers may know, General Motors and Chrysler are planning to close nearly 2,000 dealerships as part of their reorganization plan. The New York Times reports on a House bill that would provide for binding arbitration as a way for car dealers to appeal the termination of their franchise agreements. The House has approved a compromise plan to give General Motors and Chrysler dealers an appeals process to keep their showrooms open. GM and Chrysle
Fifth Circuit Decides on Waiver of Removal Rights Under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
By Victoria VanBuren - August 25, 2009
The United States Court of Appeals for the Fifth Circuit held that a contract containing a choice of law and forum clause effectively waives the right to remove to federal court under the New York Convention. In ENSCO International Inc. v. Certain Underwriters at Lloyd’s et. al. (No. 08-10451) (5th Cir. Aug. 12, 2009), plaintiff ENSCO International, Inc. is an offshore drilling oil and gas company and defendants are several insurance underw
The American Arbitration Association Confirms Today That It Suspends Arbitration of Consumer Debt Collection
By Victoria VanBuren - July 23, 2009
The Wall Street Journal reported that on Tuesday, a representative of the American Bar Association (“AAA”) said the organization will stop participating in consumer-debt-collection disputes until “new guidelines are established.” Read the full story here: An Arbitration Revolution? AAA Joins NAF, Stops Taking New Cases. Hat tip to our good friend and blog contributor Glen M. Wilkerson. Update: The AAA just released the fol
GUEST-POST: The Psychology of Overconfidence and Mediation
By Victoria VanBuren - July 23, 2009
By Don Philbin In this week’s The New Yorker, one of my favorite writers explores how “optimistic overconfidence” contributed to the quick downfall of the mighty Bear Stearns. Malcolm Gladwell, author of Blink, The Tipping Point, and Outliers, chronicles the meteoric rise of Jimmy Cayne, copier salesman turned professional bridge player turned investment banker, to the top of Bear Stearns. A student of history, Gladwell uses the British-led invas
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy