Karl Bayer, Arbitrator, Mediator & Special Master

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The Supreme Court of the United States has once again agreed to resolve a circuit split regarding whether it is up to a court or an arbitrator to decide questions related to arbitrability in the ongoing saga of Henry Schein, Inc. v. Archer and White Sales, Inc.  Last year, the nation’s highest court delivered a unanimous opinion in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 17-1272 (January 8, 2019) stating a court…
The Myth—Trial Lawyers Can Read Non-Verbal Cues For those who practice litigation, the narrative of the trial lawyer is part of our psyche. It is part Atticus Finch, a dash of Clarence Darrow, and a whole smattering of our local mentors, teachers, opponents and others who have helped frame our notion of what it means to be an advocate. Like all narratives, however, only a portion of it is grounded in reality. For example, much…
On Thursday, the National Center for State Courts (“NCSC”) conducted a useful webinar titled, “Jury Service and Accessing Court Services Remotely in a (Post) Pandemic America: Results From a New National Public Opinion Poll.”  The webinar was designed to address the COVID-19 pandemic and provide both guidance and resources for the courts. A NCSC synopsis of the webinar states: Join us for results and analysis of a new national opinion poll completed just days ago…
If you’re thinking about using a special master, you and the judge you’re appearing in front of may find “Appointing Masters and Other Judicial Adjuncts,” published by the Academy of Court Appointed Masters (“ACAM”), to be quite useful. This newly released benchbook includes: A summary of the various roles judicial adjuncts can serve; A guide to the rules that govern appointment orders and a detailed checklist of items to include in the order;…
The process of mediation can be utilized to resolve many different types of disputes. A form of mediation that is not often explored is community-police mediation, which is used to resolve citizen complaints against police officers. Achieving an understanding on both sides of a dispute is the main goal of community-police mediation and the process is deemed unsuccessful if the two cannot come to an agreement. In 2002, the United States Department of Justice, Office
There are many famous quotes about the power of juries in a democracy. In our nation, the judiciary is a third branch of government and jury trials are essential to this branch fulfilling its functions. Now more than ever, we need juries to weigh in on pressing cases concerning our communities. Juries must be available to hear the cases of protesters charged with crimes. They need to consider the cases of workers fired due to…
The National Center for State Courts (“NCSC”) has completed the first phase of a data project that may help the judicial system become more efficient in the wake of the COVID-19 pandemic.  The project, which was supported by the Conference of State Court Administrators and the Joint Technology Committee, sought to create consistent legal definitions for use across jurisdictions.  According to the NCSC’s June 10, 2020 @ the Center newsletter: The work involved…
This is the second installment in a series of blog posts on justice and reconciliation, commonly known as restorative justice.  There are a variety of benefits and limitations related to restorative justice that should be considered prior to implementation. Benefits may include: Affordability: The process of restorative justice is typically a cost-effective procedure that has the potential to save state and the federal governments money by preventing an offender from entering the criminal justice system. …
The Northern District of Illinois has denied Vimeo’s motion to compel a proposed class action lawsuit alleging its recently acquired Magisto mobile web application violated the 12-year-old Illinois Biometric Information Privacy Act (“BIPA”) to arbitration.  In Acaley, et al. v. Vimeo, Inc., No. 19-CV-07164 (N.D. Ill., June 1, 2020), a man, Acaley, signed up for a Magisto account using a mobile app.  Later, he signed up for another account using the Magisto website.  He…
Since the COVID-19 pandemic emerged, Disputing blog has worked to synthesize guidance documents from a variety of sources including the AAACIArbCPRHogan Lovells, the ICC, and the Seoul Protocol to provide readers with a comprehensive list of best practices for online dispute resolution.  This update highlights some additional resources that may be useful for mediators, arbitrators, and other dispute resolution professionals. The AAA/ICDR Guidance on Zoom Mediations contains…