Karl Bayer, Arbitrator, Mediator & Special Master

Latest from Karl Bayer, Arbitrator, Mediator & Special Master - Page 2

Professor Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution at Pepperdine University’s Caruso School of Law and Associate Dean of the Straus Institute for Dispute Resolution, has published “Arbitration, Mediation and Mixed Modes: Seeking Workable Solutions and Common Ground on Med-Arb, Arb-Med and Settlement-Oriented Activities by Arbitrators,” Harvard Negotiation Law Review, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2020/25.  In his law review article, Professor Stipanowich examines some…
On Friday, the Supreme Court of Texas agreed to hear oral argument following reinstatement of a petition for review regarding whether a non-signatory assignee may be compelled to arbitration following an indemnity dispute.  The facts of the case were discussed in a previous Disputing blog post: In Wagner Oil Co. v. Apache Corp., No. 19-0243, Texas-based Wagner Oil Company (“WOC”) purchased certain Louisiana oil and gas assets from Apache Corporation by executing…
Associate Professor of Law Pamela Bookman, Fordham University School of Law, has published an interesting law review article titled “Arbitral Courts,” Virginia Journal of International Law, Forthcoming.  In her scholarly work, Professor Bookman examines the competing expectations of transparency and confidentiality in what she calls “arbitral courts.” Here is the abstract: In recent years, states from Delaware to Dubai have been establishing something in between courts and arbitration, what this Article calls…
The United States Court of Appeals for the Fifth Circuit has ruled a plaintiff waived his right to arbitration by substantially engaging in litigation.  In Sabatelli v. Baylor Scott & White Health, No. 19-50047 (5th Cir. Oct. 21, 2020), a Scott & White Clinic (“SWC”) employee, Sabatelli, filed a putative class action lawsuit in the Western District of Texas against the Baylor Scott & White Health System after he was asked to resign from…
Colin Rule, CEO of Mediate.com, has published an article titled, “Online Dispute Resolution and the Future of Justice,” Annual Review of Law and Social Science, Vol. 16, pp. 277-292, 2020.  In his work, Mr. Rule examines the history and future of online dispute resolution. The abstract states: Technology is changing the way we interact with each other, which in turn is changing the way we resolve our disputes. Every society throughout history has crafted…
Amy J. Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, has published “Arbitration in the Age of Covid: Examining Arbitration’s Move Online,” CARDOZO J. CONFLICT RESOL. (2021); University of Missouri School of Law Legal Studies Research Paper No. 2020-27.  In her journal article, Professor Schmitz examines potential considerations related to arbitration’s accelerated move online in response to the COVID-19 pandemic. The abstract states:…
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…