Two-year limitation on claim arbitration does not violate public policyJanuary 2013Illinois Law Update, Page 16On October 18, 2012, the Illinois Supreme Court held that a two-year contractual limitation on claim arbitration between an automobile insurer and its insured does not violate Illinois public policy, even when the incident giving rise to the claim occurred in a state with a longer statute of limitations.
Arbitration agreements unenforceable for lack of mutualityNovember 2011Illinois Law Update, Page 556On August 18, 2011, the Appellate Court for the Fifth District of Illinois affirmed the circuit court's denial of a motion to compel arbitration.
Why Commercial Landlords Should Stop Worrying and Learn to Love ArbitrationBy Shorge SatoMarch 2011Article, Page 144The Illinois Supreme Court's Carter decision holds that arbitration provisions can trump the statutory right to a jury trial contained in the Forcible Entry and Detainer Act, this author argues.
Carter: A Victory for Consumer Arbitration in IllinoisBy W. Eugene Basanta and Suzanne J. SchmitzFebruary 2011Article, Page 88The Illinois Supreme Court ruled that the Federal Arbitration Act trumps the Illinois Nursing Home Care Act, thus forcing residents into arbitration. What will the decision mean more broadly for arbitration agreements and consumers' rights?
Nonparty Discovery Under the Federal Arbitration ActBy Mitchell L. Marinello and John Haarlow Jr.September 2010Article, Page 476The Federal Arbitration Act places sharp limits on a party's ability to obtain information from a nonparty, but it can be done. Here's a guide.
2010 Spring Session RoundupBy Jim CovingtonAugust 2010Column, Page 404A summary of key Illinois legislation passed this spring.
Correspondence from Our ReadersMarch 2008Column, Page 114Warrior to peacemaker; ADR [is] an industry ; Miller's mandatory penalty.
ADR and the Image of LawyersBy Joseph G. BiscegliaJanuary 2008Column, Page 8“Lawyer-peacemaker” is the right image for our profession.
Arbitration clause unconscionable where customer does not see agreementSeptember 2007Illinois Law Update, Page 460On July 10, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of St. Clair County finding the Customer Agreement between Charlotte Bess and DirecTV procedurally unconscionable and therefore unenforceable.
Melena and Mandatory Arbitration Agreements in Employment ContractsBy Andrew HarrisAugust 2007Article, Page 418A look at the Illinois Supreme Court's arbitration-friendly decision in Melena, complete with pointers for drafting or challenging arbitration clauses in its wake.
Arbitration panel exceeded its authority by ignoring plain language of contractJune 2007Illinois Law Update, Page 292On March 29, 2007, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County confirming an arbitration award in favor of the plaintiffs on the plaintiffs' claim that defendants had improperly terminated their management agreement for several apartment complexes.
The Misuse of Mediation in Joint Parenting AgreementsBy Alison G. TuroffOctober 2006Article, Page 546What happens when parties empower the mediator not only to help resolve disputes, but also to investigate and punish breaches of the agreement?
Mandatory arbitration agreements are binding on employeesJune 2006Illinois Law Update, Page 284On March 23, 2006, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Fifth District, which held that mandatory arbitration agreements between employers and employees are only valid if entered into "knowingly and voluntarily" by the employee.
In mandatory arbitration, every minute countsBy Helen W. GunnarssonFebruary 2006Lawpulse, Page 62A plaintiff must go to the Illinois Appellate Court to overturn arbitrators' finding against him for arriving minutes late for his arbitration hearing.
A Litigator's Guide to MediationBy James E. Sullivan and Arthur J. MurphyJanuary 2006Article, Page 26A Q&A from Cook County about how mediation works in civil cases and how it can reduce time and money spent.
Class Actions in ArbitrationBy Thomas J. CunninghamOctober 2004Article, Page 532Are provisions in arbitration agreements that expressly prohibit class arbitration enforceable in Illinois? A look at recent developments.
