Listen. . . Communicate. . .
Margaret Huff Mediation PO Box 121951 Nashville TN 37212-1951
Margaret M. ("Marnie") Huff
- Tennessee Supreme Court Rule 31 Listed General Civil Mediator
- custom designed alternative dispute resolution (ADR) services for businesses, organizations, and individuals in Tennessee
- client-centered conflict resolution services include mediation, arbitration, collaborative problem solving, and consulting on workplace conflict management
Marnie Huff is an elected member of the ABA Section of Dispute Resolution Council and serves as its Strategic Outreach Officer. She is past Chair of the Tennessee Bar Association Dispute Resolution Section and a founding member of the Tennessee Association of Professional Mediators. She is an elected member of the Nashville Bar Association's Board of Directors.
ADR News and Reports, a selection of national, state and local news of interest to Tennessee attorneys, mediators and arbitrators.
- On June 5, 2015, the Tennessee Supreme Court held in Richard A. Berent v. CMH Homes, Inc. et al that an arbitration provision in a consumer contract, where the sellers of a manufactured home retained a judicial forum for limited purposes, did not render the arbitration agreement unconscionable. The Court also decided that its decision in Taylor v. Butler, 142 S.W.3d 277 (Tenn. 2004) did not need to be overruled or modified under the reasoning of AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011). Taylor did not adopt a per se rule that any degree of non-mutuality of remedies in an adhesion contract's arbitration clause would render the clause unconscionable and unenforceable. The Taylor ruling is therefore not preempted by the Federal Arbitration Act.
- On March 23, 2015, the U.S. Supreme Court granted cert in DirecTV v. Imburgia, No. 14-462. The Question Presented is: "Whether the California Court of Appeal erred by holding, in direct conflict with the Ninth Circuit, that a reference to state law in an arbitration agreement governed by the Federal Arbitration Act requires the application of state law preempted by the Federal Arbitration Act."
- The Association for Conflict Resolution Taskforce on Safety in ADR has issued a paper, "ADR Safety Planning: Recommended Guidance."
- IRS Revenue Procedure 2014-63, regarding mediation with the IRS was published on December 29, 2014 in Internal Revenue Bulletin 2014-53at pages 1014-22. Rev. Proc. 2014-63 expands and clarifies the types of examination and collection cases, and issues in the IRS Appeals administrative process, that are eligible for mediation under Section 7123(b)(1) of the Internal Revenue Code. IRS Appeals Officers trained in mediation serve as mediators at no cost to the taxpayer. A taxpayer has the option of paying for a qualified non-IRS co-mediator.
- A series of short videos on elder mediation was prepared by the Dane Co. WI Bar Association.
- The New York County Court's Commercial Division Advisory Council recommended that the Court adopt a pilot program for mandatory mediation in 1 out of 5 new commercial cases. The Court's Task force on Commercial Litigation in the 21st Century had found that mediation was underutilized in commercial cases, despite the potential to resolve disputes and reduce discovery disputes.
- Why mediate a probate case? A British solicitor suggests 10 reasons to mediate in a January 2014 online posting.
- Public Service Announcements on mediation: Check out these ABA Section of Dispute Resolution public service announcements on "Mediation. Efficient. Effective. Economical." - "Play Nice" and "Equal Levels."