Need CLE credits? Mark your calendars! The State Bar of Texas will host its 27th Annual Personal Injury Law Course. Topics include: • How to Try the $50,000 (& Under) Case from A-Z • Social Media: Cutting Edge Evidence Questions • Claims Against Governmental Entities • Medical Malpractice Update • New Approaches to Damages for Juries Karl Bayer will be presenting the section on mediation. The locations are as follows: LIVE: Dallas, July 6-8, 2011 LIVE: San Antonio, August 10-12, 2011 LIVE: Houston,September 14-16, 2011 LIVE: Houston, November 2-4, 2011 VIDEO: South Padre Island, October 12-14, 2011 VIDEO: Fort Worth,December 7-9, 2011 Find the brochure here. Register here.   Technorati Tags: law, ADR, arbitration

The Chartered Institute of Arbitrators (CIArb) is currently running a major survey into the costs of International Arbitration. The purpose of this Survey is to gather data to inform parties, legal representatives and arbitrators across the world about the overall costs of international arbitration and how these are incurred at each stage. The deadline to submit comments is Friday, June 24, 2011. To participate in the Survey, click here. The results of the Survey will be analyzed and presented at an International Conference organized by CIArb and sponsored by Alvarez & Marsal on September 27-28, 2011 in London. Conference topics include: The Cost of International Arbitration Today Background, methodology, responses and a summary of the Survey results Comments on Current Problems – International Users In house counsel by sector including Commercial, Construction, Maritime, Oil & Gas Practitioners by profession including Lawyer, Arbitrator, Expert Solving the Problems – the way forward Commencing and Designing the Proceedings What is the role for Mediation? Documentary Evidence Fact Witness Evidence The second day of the conference will include presentations on Expert Evidence Witness Conference session (“Hot tub”) The Hearing The Award Read more about the conference here. Technorati Tags: law, ADR, arbitration    

Yesterday, the U.S. Supreme Court granted certiorari to Affiliated Computer Services, Inc. v. Fensterstock, No. 09-1562-cv. In Fensterstock v. Education Finance Partners, Inc., No. 08-CV-3622, 2009 U.S. Dist. LEXIS 30457 (S.D.N.Y. 2009) the U.S. District Court for the Southern District of New York had held that an arbitration agreement containing a class action waiver within a student loan promissory note is unconscionable and unenforceable as a matter of California law. (read more here) The U.S. Court of Appeals for the Second Circuit affirmed the lower court judgment in Fensterstock v. Education Finance Partners, Inc., 611 F.3d 124 (2d Cir. 2010). (read more here) Now, the U.S. Supreme Court vacated the judgment and remanded the case to the Second Circuit for further consideration in light of AT&T Mobility LLC v. Concepcion, 563 U.S. ___ (2011). (read about AT&T Mobility LLC here, here, and here) Stay tuned … Technorati Tags: law, ADR, arbitration

By Brett Goodman Now more than ever, arbitration may have the potential to affect millions of lives, even if that means encouraging Americans to enjoy chips and dip and play Monday morning quarterback. With approximately a month left until NFL preseason games should begin, the NFL owners and the NFL players’ association (NFLPA) remain in a lockout. Though a so-called deadline has passed on more than one occasion without effect, at the very least, the players and teams would need probably no less than three weeks to prepare for a full season that is scheduled to begin at the beginning of September. So if things are not settled within the next two months, this may mean a year without Super Bowl parties, Chad Ochocinco/Johnson end zone celebrations, and Dallas Cowboys cheerleaders. The litigation is currently ongoing in the Eighth Circuit, wherein oral arguments over the lockout fiasco ended on Friday June 3rd. At the same time, owners and players are having sets of “secret meetings” with the goal of peacefully resolving the issues before any sort of court-ordered alternative dispute resolution measure is enacted. Although conduct of the judges thus far indicates a potential siding with the owners, more than anything, the judges are encouraging a self-imposed settlement between the two sides independently. If the owners do end up winning, the lockout could continue for as long as the owners please. “The players could appeal the decision to the U.S. Supreme Court. It is doubtful it would accept the case, and even if it did, it wouldn’t be heard for some time.” Whether or not one agrees with the vast resources and time that were pumped-in to the investigations of steroids in baseball with the famous testimonies of Roger Clemens and Rafael Palmeiro, it seems even less arguable that the Supreme Court would be spending its time wisely dealing with the NFL labor arbitration. Regardless, Judge Kermit Bye warned that, in the absence of an independent settlement, the court will offer a ruling that is “probably something both sides aren’t going to like.” Within the next few months, the arbitration attempts of the owners and players will act as a relatable, real-world example of how alternative dispute resolutions can either be an effective way of avoiding litigation and saving resources, or how the stubbornness of both sides leads to court orders and undesirable results. It will also either act as a small bump on the road to 6-hour couch-ridden Sundays, or doing the same just on a different channel. Technorati Tags: law, ADR, arbitration Brett Goodman is a summer intern at Karl Bayer, Dispute Resolution Expert. Brett is a J.D. candidate at The University of Texas School of Law. He holds degrees in Finance, Mathematics, and Spanish from Southern Methodist University.