The use of ADR to resolve healthcare-related claims will increase with the implementation of the Patient Protection and Affordable Care Act (ACA). Experts predict the increase will stem from the need to reduce costs as well as the healthcare groups that will bring new disputes for resolution.
Dr. Leonard Fromer, an assistant clinical professor at the UCLA School of Medicine and a board member of TransforMED, LLC, said the passage and implementation of the ACA is “moving healthcare from a volume-based...
Tom Stipanowich has posted a new article, “Managing Construction Conflict: Unfinished Revolution, Continuing Evolution,” at the Pepperdine Law Library’s Legal Studies Research Paper Series. Stipanowich is a trained architect, an experienced construction lawyer, and a very experienced construction arbitrator, and his article speaks authoritatively on the past 20 years of change in construction dispute practices.
He concludes that the promise of innovation that so dominated the field 20 years...
As part of San Antonio hosting a mediation competition at St. Mary's Law School today and the 12th Annual Advanced Mediation & Advocacy Skills Institute at the Hyatt Regency tomorrow and Friday, Mayor Ivy Taylor kindly issued the following:
PROCLAMATION
WHEREAS, the American Bar Association will observe Mediation Week October 12 – 18, 2014 and this year’s theme is “Stories Mediators Tell – From Rookie to Veteran, Exploring the Spectrum of Mediation”, and
WHEREAS, mediation and other...
In part III of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich highlights “five trends that are likely to have a growing impact on our lives, on law practice and the management of conflict.” Those five trends are: increasing use of technology, increasing globalization, expanding understanding and insights through behavioral science and “big data,” longer productive lives (active retirement), and increased opportunities for ADR education and credentialing...
The normative goals of the 1938 Federal Rules facilitated a reconceptualization of federal adjudication by welcoming into court a diverse array of persons who, as the century unfolded and equality mandates expanded, became rights-holders. As a consequence, courts came to serve as venues for democratic debates about rights and remedies. Seventy-five years later, that egalitarian project has contracted, and the Federal Rules have been refocused on management and judge-based settlement efforts.
That...