Karl Bayer's Disputing Blog

Adjunct Law Prof Blog: Mediation Privilege Recognized In Ohio

By Victoria VanBuren - March 3, 2010

Professor Mitchell H. Rubinstein at the Adjunct Law Prof discussed last week this mediation confidentiality case: Anthony v. Andrews, 2009 WL 4547605 (Ohio Ct. App. Dec. 4, 2009), is an interesting mediation case. Rebecca Anthony sued Dr. Annette Andrews in state court alleging medical malpractice. During a court-ordered mediation, Andrew’s counsel informed the mediator that Andrews would not give her consent to settle the matter and had ne

Weil, Gotshal & Manges Guest-Post: Texas House Bill 1083

By Victoria VanBuren - June 26, 2009

On June 19, 2009, Texas House Bill 1083 was signed into law.The new provision, effective immediately, prevents courts from ordering mediation in cases subject to the Federal Arbitration Act (excepting cases where the parties have agreed otherwise).The bill, which passed both the House and the Senate without amendment, applies to all actions commencing on or after June 19th. What does this mean for future Texas cases involving the FAA?Fewer

Arbitration of Discrimination Claims: First Post-Pyett Case

By Victoria VanBuren - May 21, 2009

As reported this week by the Workplace Prof Blog, a U.S. District Court in Colorado has issued a decision involving arbitration of statutory claims within the context of a collective bargaining agreement. The case is Mathews v. Denver Newspaper Agency, LLP, 2009 WL 1231776 (D. Colo. 2009). Professor Richard Bales’ analysis of the decision is here: First Post-Pyett Case. Previous Coverage: U.S. Supreme Court Enforces Agreement to Arbitrate D