The Alternative Dispute Resolution Section is pleased to announce the State Bar of Texas ADR Section Roadshow: Mediation, Arbitration, Ethics, and More at St. Mary's University!
St. Mary's Law School - Room LC105
September 19, 2016
Noon-2:15 p.m.
Lunch will be provided. Sponsored by the ADR Section of the State Bar of Texas along with the San Antonio Bar Association's Alternative Dispute Resolution Section. Presented by Co-Chairs: Lionel Schooler and Jerry King, Chair of the San Antonio...
An introduction by immediate past ABA President Paulette Brown sets the tone by encouraging the increased use of “forms of mediation and arbitration that return us to the essential, direct and straightforward way of helping clients do business efficiently.” Chapters include studies of dispute resolution methods in employment (Hugh Christie and Joe Semo), Bankruptcy and Restructuring (Timothy Bow, Howard Brownstein, Jerry Markowitz and Scott Stuart), Mergers and Acquisitions (John Levitske...
The story of American federal civil litigation over the past half century is one of exodus and of transformation—exodus from and transformation of the traditional model of “court litigation.” The exodus has taken various paths, especially contractual arbitration. The Supreme Court has extended the Federal Arbitration Act to contracts of adhesion and to the adjudication of federal statutory rights. Thus arbitration has become mandatory for claims by consumers and employees. In approving this...
The Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes (Directive on consumer ADR) obliged Member States to bring into force the laws, regulations and administrative provisions necessary to comply with said Directive by 9 July 2015. Today we should hence be celebrating the first anniversary of the new ADR regime coming in force for European consumers. However, due to delays and problems in the transposition processes...
This paper proposes a model for designing consumer dispute resolution (CDR) mechanisms (including conciliation, adjudication, arbitration and ombuds schemes).1 This field has expanded significantly in recent years, replacing courts as the primary forum of dispute resolution in some areas of consumer-to-business activity. This expansion has been ad hoc, with a lack of consistency in the design of CDR mechanisms and in the overall shape of the CDR landscape. In light of the recent implementation of the EU's...
E. H. Morreim, J.D., Ph.D., has published a timely article entitled, “Conflict Resolution in the Clinical Setting: A Story Beyond Bioethics Mediation,” Journal of Law, Medicine and Ethics, Vol. 43, No. 4, 2015. In her journal article, the Professor of Internal Medicine at the University of Tennessee Health Science Center examines mediation and other conflict resolution techniques in the context of a clinical healthcare setting.
Here is the abstract:
Rarely do ethics consults focus on genuine...
Due to the rising cost and length of litigation, and a desire for privacy, tech companies are turning to alternative dispute resolution (ADR) to settle legal clashes. But, where do they go to identify efficient, vetted ADR experts? What do in-house counsel and law firms need to know to make the process run smoothly?
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Tech companies increasingly turning to ADR to settle legal clashes, and there are a lot of reasons for that. According to Benton, first, courts are backlogged with cases....
Worldwide events seek reliable, comparable information about what users and disputants really need — and how the dispute resolution landscape could change to provide it
Today’s world is full of disconnects between the people who practice, promote, and think about dispute resolution processes and those who might use them. Mediators, arbitrators, judges, and other neutrals, those who have seen firsthand what ADR can achieve, often lament that alternative processes could help resolve many...