Karl Bayer, Arbitrator, Mediator & Special Master

Karl Bayer, Arbitrator, Mediator & Special Master Blogs

Latest from Karl Bayer, Arbitrator, Mediator & Special Master

Erin Archerd, Associate Professor of Law at Detroit Mercy School of Law, has published “Evaluating Mediation’s Future,” Journal of Dispute Resolution, Vol. 2020, No. 1, 2020.  In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms. Here is the abstract: This article makes the case for continued, robust support for the use of facilitation mediation in the State of Michigan and…
Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe. Because criminal cases often require a twelve person-jury, the courts have begun assessing this new situation and discussing how to have a fair jury trial while abiding by CDC guidelines. The Civil Jury Project at NYU School of Law has posted a report written by Stephanie Parker and Jennifer Weizenecker, who both attended a recent…
University of Nebraska College of Law Associate Professor Kristen Blankley has published “Creating a Framework for Examining Federal Agency Rules Impacting Arbitration,” Washington University Journal of Law and Policy, Forthcoming. Professor Blankley’s journal article examines how “two frameworks under which agency actions prohibiting enforcement of arbitration agreements could be considered” and touches on the background behind the “contrary congressional command” rule. The abstract states: Since 1985, the analysis for determining how to resolve…
A recent webinar conducted by the National Center for State Courts (“NCSC”) titled “Essential Steps to Tackle Backlog and Prepare for a Surge in New Cases” is now available for viewing online.  The webinar features useful advice for court officials provided by Jennifer Bailey, Administrative Judge of the Civil Division of the 11th Judicial Circuit Court of Florida in Miami, and Gregory Sakall, Presiding Judge of the Family Division of the Superior Court in…
The United States Court of Appeals for the First Circuit has ruled final mile drivers who operate solely intrastate in order to deliver goods that were shipped via interstate commerce are exempt from the Federal Arbitration Act. In Waithaka v. Amazon.com, Inc., No. 19-1848 (1st Cir. 2020), a Massachusetts man, Waithaka, entered into an independent contractor agreement with Amazon to collect and deliver packages locally and solely within the state. Prior to beginning delivering…
Per capita, incarceration rates in the United States are incredibly high when compared with other countries. In dealing with the accused, prison or jail time is a common form of punishment across the US.  There are, however, many other ways to punish or rehabilitate offenders without incarceration. The United Nations Office on Drugs and Crime’s “Handbook of basic principles and promising practices on Alternatives to Imprisonment” states that imprisonment, especially for vulnerable populations…
Professor Robert Chesney, James A. Baker III Chair in the Rule of Law and World Affairs and Associate Dean for Academic Affairs at the University of Texas School of Law, and Danielle Keats Citron, Professor of Law at Boston University School of Law, Vice President of the Cyber Civil Rights Initiative, Affiliate Fellow at the Yale Information Society Project, and Affiliate Scholar at the Stanford Center on Internet and
In a 6-3 opinion, a divided Supreme Court of Texas has affirmed an Amarillo appellate court’s order stating a dispute must be arbitrated despite that a trial was already completed and judgment was entered in the case.  In Bonsmara Natural Beef Co., et al. v. Hart of Texas Cattle Feeders, LLC, et al., No. 19-0263 (Tex. 2020), a company, Bonsmara, entered into an agreement with Hart of Texas Cattle Feeders (“Hart”) to supply food,…
On Thursday, the Austin Bar Association hosted the first of two free webcasts regarding options that are currently being considered for a Civil Courts Remote Jury Trial Pilot Program that will be offered soon in Travis County, Texas.  An Austin Bar Association press release describes the program: The Travis County Civil District & County Judges are aware of uncertainties and concerns regarding the resumption of jury trials in Travis County during the COVID-19 pandemic. We…
S.I. Strong, Associate Professor at the University of Sydney Law School, has published “International Commercial Courts in the United States and Australia: Possible, Probable, Preferable?,” AJIL Unbound (Forthcoming 2021); Sydney Law School Research Paper No. 20/37.  The abstract states: As worldwide interest in international commercial courts grows, questions arise as to whether individual nations can or should seek to compete in the “litigation market” by developing their own cross-border business courts. This…