In a December 7, 2021 guest post, I reported that the Academy of Court-Appointed Masters (ACAM) had opened up its membership to people who have never previously served as special masters and was working on a training and mentoring program. OK, so here’s the sequel.
Continue reading...Mark LeHochey has written a wonderful publication titled, “Road to Somewhere.” We invite you to check out the piece addressing, “How can attorneys take steps to improve settlement efforts and avoid unpleasant surprises as they map out a dispute resolution? One litigator-turned-general counsel-turned mediator (with some help from a distinguished rock star) points the way forward.”
Continue reading...The Supreme Court of the United States has agreed to consider whether asking a party to an arbitration agreement to demonstrate prejudice when claiming a waiver defense violates the requirement established 10 years ago in AT&T v. Concepcion, which stated courts must “place arbitration agreements on an equal footing with other contracts.”
Continue reading...In a September 15, 2021 post, I described the decision by the Academy of Court-Appointed Master (ACAM) (1) to try to open up the special masters profession by inviting people who had not previously served as special masters to join our organization and to receive training, mentoring and professional standards; and (2) to partner with other organizations both public and private both to recruit diverse candidates to serve as special masters and to expand the ways in which special masters can assist in the administration of justice.
Continue reading...Professor Jean R. Sternlight, Michael and Sonja Saltman Professor of Law and Director of the Saltman Center for Conflict Resolution at the University of Nevada, Las Vegas, William S. Boyd School of Law and Jennifer K. Robbennolt, Associate Dean for Research, Alice Curtis Campbell Professor of Law, Professor of Psychology, and Co-Director of the Illinois Program on Law, Behavior, and Social Science at the University of Illinois College of Law have published “In-Person or Via Technology?: Drawing on Psychology to Choose and Design Dispute Resolution Processes,” DePaul Law Review, Vol. 71, Page 701, 2022, Forthcoming.
Continue reading...Since the COVID-19 pandemic emerged, Disputing blog has worked to synthesize guidance documents from a variety of sources including the AAA, CIArb, CPR, Hogan Lovells, the ICC, and the Seoul Protocol to provide readers with a comprehensive list of best practices for online dispute resolution.
Continue reading...Texas’s Fourth District Court of Appeals in San Antonio has ruled that a firefighter was collaterally estopped from challenging arbitration in a dispute over his medical benefits.
Continue reading...A bill seeking to establish an arbitration process designed to protect patients who are treated by an out-of-network provider during an emergency room visit from being hit with hefty medical charges is currently before the Texas Legislature.
Continue reading...Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.
Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.