Category: Article

The Texas Mediator Credentialing Association will hold its annual Symposium in Fort Worth this year—at the Texas A&M School of Law. The date is Saturday, October 28th, and you can register here. The event offers 6.25 hours CLE and includes the 3 hours of mediation ethics needed for renewal of your TMCA credential. Early Bird registration is $130 for TMCA Credential holders and $150 for those who aren’t yet credentialed. Hotel reservations are available at the discounted rate of $149 per night at the Sheraton Fort Worth Downtown Hotel, which is located directly across the street from the Texas A&M University School of Law. To get this reduced rate, you must call the hotel at 817-335-7000 and ask for the special rate for the “Texas Mediator Credentialing Association.” You cannot get this special rate if you book online. Please note parking will be free of charge for all attendees (including those staying at the Sheraton)

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In Builders First Source-South Texas, LP v. Ortiz, the Fourteenth Court of Appeals held, in an interlocutory appeal, that the trial court had jurisdiction to set aside an arbitrator’s sanctions orders on the basis of evident partiality. The trial court also had jurisdiction to require arbitration before a new arbitrator, but the parties had to go through the AAA process for the appointment. The trial court erred to stay the proceedings pending completion of arbitration. According to the court’s opinion, Ortiz allegedly suffered workplace injuries. An arbitration provision was contained in his employment agreement with Builders First. The AAA appointed an arbitrator who submitted a sworn disclosure to the effect that none of the parties, lawfirms, or party representatives appeared before her in past arbitrations. The disclosure confirmed that the arbitrator checked for conflicts. About a year later, the parties conducted a telephone hearing with the arbitrator. The arbitrator and

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