Disputing: Conversations About Dispute Resolution
This blog is written by Karl Bayer and Rob Hargrove, who work together as dispute resolution specialists in Austin, Texas. They use their knowledge on the subject to discuss ADR news and cases.
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Recent Articles
We Shall Not Waiver
Perry Homes has once again been applied to describe what constitutes an arbitration waiver, except this time no waiver was found. As we have mentioned before in While We Were Out, a post from May, waiver is hard to come by in a Texas Supreme Court opinion. Perry Homes could have moved us into a [...
Net Neutrality & Your Vote
Tomorrow is November 4th. Many have voted early, and more have not yet voted. This post goes out to the undecided voters out there (although, I have no idea how you are still undecided), as well as the open-minded decided ones. This is the most important issue for me in the upcoming election, an...
Apple and Psystar agree to private mediation
Apple and Psystar have agreed to a private ADR session to attempt a resolution to the ongoing lawsuit filed by Apple. It appears they opted out of the court-provided ADR options for a private mediation service. Psystar is a Florida corporation that has received some level of attention over a rec...
No Litigation Without Representation
The Louisiana Supreme Court ordered the 5th Circuit to review pro se writs after the 5th Circuit adopted a resolution to review its previous denials of those writs. Why would the 5th Circuit choose to review its previous decisions? They chose to look it over for a “second time” becaus...
“Emergency Measures” Enacted During an Economic Crisis Have Lasting Legal Ramifications
[Ed: On the cusp of what looks to be yet another long weekend on Wall Street, this cautionary tale by Chandra.] After enacting policies to stem the economic crisis of 2000-2002, Argentina is locked in multiple arbitrations with foreign investors who were hurt by the government’s actions, which i...
Arbitration May Have the Last Word in Contentious Illegal Immigration Case
Immigration is a hot topic in today’s global economy as travel becomes cheaper and labor markets become more fluid. However, the rules of immigration can be tricky and, in some cases, contradictory. For instance, in the U.S., the Ninth and Second Circuit Courts of Appeals gave two different rul...
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Hi.
My name is Bob. I’m excited to be working with Karl and a few university students - Chandra, Enrique, and Eric - to improve karlbayer.com. The students are already coming up with lots of great content for this blog, and Karl and I are working hard to bring it all up to date. Change is in [....
Arbitrating With Your Client?
My good friend Dicky Hile has been studying the ethics of arbitration provisions in attorney-client contracts for some time. He recently put down his thoughts and was kind enough to send us his paper. My personal viewpoint is that it is almost impossible to make these ethical, and their...
Rau Responds
Prof. Rau sent the following comments to Karl in response to our thoughts about his recent article on Hall Street v. Mattel. They are helpful, and they raise a question for our readers, that is, for lawyers in the trenches in Texas. The [unedited] comments follow: Two points, one small, one...

