Karl Bayer's Disputing Blog

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
SCOTUS to Resolve Circuit Split Over Transportation Worker Exemption in the FAA
Today marks the start of the United States Supreme Court’s new term. During the term, the nation’s highest court will re

Court-Approved Mediation Used to Assist Fungal Meningitis Victims

By Beth Graham - October 21, 2013

The crossroads between healthcare and mediation is in the news again.

ABA’s Planned Early Dispute Resolution Task Force Publishes User Guide

By Beth Graham - October 18, 2013

The American Bar Association’s Planned Early Dispute Resolution (“PEDR”) Task Force has published a User Guide for Planned Early Dispute Resolution designed to assist businesses with effectively managing disputes as quickly as possible after they arise.

Dallas Appeals Court Refuses to Compel Arbitration Using Equitable Estoppel

By Beth Graham - October 17, 2013

The Fifth District Appeals Court in Dallas has refused to compel arbitration using the doctrine of equitable estoppel.

Regulation of Dispute Resolution in the United States of America

By Beth Graham - October 15, 2013

Carrie Menkel-Meadow, Professor of Law at the Georgetown University Law Center and Chancellor’s Professor of Law At the University of California Irvine School of Law, has published “Regulation of Dispute Resolution in the United States of America: From the Formal to the Informal to the ‘Semi-Formal’” in Regulating Dispute Resolution: ADR and Access to Justice at the Crossroads, Felix Steffek, Hannes Unberath, Hazel Genn, Reinhard Greger & Carrie Menkel-Meadow, eds., Hart, 2013.

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THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART III

By Renee Kolar - April 7, 2014

As prior discussion suggests, a mechanism for avoiding the preemptive effect of the FAA on state insurance law is found in the McCarran-Ferguson Act, which provides for reverse preemption of federal law by state insurance law in the following manner: