Karl Bayer's Disputing Blog

Special Masters: A Different Answer to a Perennial Problem

By Beth Graham - August 3, 2016

Disputing is proud to announce that "Special Masters: A Different Answer to a Perennial Problem" by Merril Hirsh, James M. Rhodes, and Karl Bayer has been published in the most recent edition of the American Bar Association’s Judges’ Journal.

Judge Finds Ride Sharing Company’s Arbitration Agreement With Network Drivers is Substantively Unconscionable

By Beth Graham - September 25, 2015

A California judge has reportedly declined to order a dispute between transportation network company Uber and a former driver to arbitration. In the case, a San Francisco Superior Court judge ruled that the arbitration clause between the parties was "substantively unconscionable" due to its contradictory language.

Special Masters: How To Make the Best of Both Worlds, Part VII

By Merril Hirsh, James M. Rhodes & Karl Bayer - February 24, 2015

In the past few posts, we have been discussing how special masters can be part of making resolutions of disputes fair, just and efficient. Part IV focused on using special masters as hands-on managers to incentivize parties to avoid discovery disputes in the first place and to resolve discovery disputes quickly, fairly and with a minimum of expense when they do occur.

Healthcare Dispute Resolution Conference

By Victoria VanBuren - October 12, 2012

by Holly Hayes The American Arbitration Association will hold the 2012 Healthcare Dispute Resolution, Innovation and Strategy Conference on November 9, 2012, in San Francisco. The agenda includes the following sessions on incorporating ADR into the changing healthcare arena: Representatives from the major health plans will discuss the significant issues and business-to-business disputes facing their respective organizations. In-house counsel for

GUEST-POST | Is Arbitration the “New Litigation”?: The Choice is Yours

By Beth Graham - January 25, 2011

by Thomas J. Stipanowich (Editor’s note: An earlier version of this posting was published in the Los Angeles and San Francisco Daily Journals.) “Because of expense and delay, both civil bench trials and civil jury trials are disappearing.” So says a task force co-sponsored by—of all groups—the American College of Trial Lawyers. Litigation often costs so much and takes so long, they acknowledge, that parties nearly always settle or stop suin

Video: Mediate.com Receives Prestigious American Bar Association (ABA) Award

By Victoria VanBuren - April 19, 2010

We thought that you might like to watch the video of Jim Melamed’s acceptance (on behalf of Mediate.com) of the ABA Problem Solver of the Year Award on April 9 at the ABA ADR Section Conference in San Francisco. (read more about the award here). Technorati Tags: ADR, law, arbitration

ABA Section of Dispute Resolution Spring Conference | San Francisco, April 8-10

By Victoria VanBuren - March 17, 2010

Mark your calendars! the ABA Section of the Dispute Resolution’s 12th Annual Spring Conference is just around the corner: Section of Dispute Resolution Spring Conference April 8 – 10, 2010 Hyatt Regency Embarcadero San Francisco, CA To view the conference website, click here. To download the conference brochure and registration form, click here. Karl will be attending the conference and will be happy to meet you! please let us know if

Mediate.com Receives Prestigious American Bar Association (ABA) Award

By Victoria VanBuren - February 1, 2010

Please join us in congratulating Mediate.com for their recent ABA Award. As readers of this blog may know, Disputing is a Mediate.com Featured Blog. Mediate.com Receives Prestigious American Bar Association (ABA) Award Eugene, Oregon – Mediate.com, the leading mediation web site in the world, has received the 2010 American Bar Association (ABA) Lawyer as Problem Solver Award. The award is for the use of “legal skills in creative, innovative