Publications

Illinois Bar Journal
Articles on Alternative Dispute Resolution

Unsettled Settlements: Understanding Mediation Agreements By Jonah Orlofsky August 2013 Article, Page 418 Mediation is an alternative to litigation, but parties sometimes end up disagreeing about the mediation itself. Mediation agreements can help resolve those disputes.
Statutes of Limitation and Arbitration: Limiting Your Client’s Exposure By Edward J. Underhill May 2013 Article, Page 244 Don't assume that general statutes of limitation apply to Illinois arbitration claims - think about including a clause in your arbitration agreements to limit your client's exposure.
No judicial review until arbitration process is complete April 2013 Illinois Law Update, Page 176 On January 22, 2013, the Illinois Appellate Court, First District, held that a dispute over a discovery order that arises in arbitration is not ripe for adjudication until a final award has been issued.
Two-year limitation on claim arbitration does not violate public policy January 2013 Illinois Law Update, Page 16 On 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 mutuality November 2011 Illinois Law Update, Page 556 On August 18, 2011, the Appellate Court for the Fifth District of Illinois affirmed the circuit court's denial of a motion to compel arbitration.
Two-year limitation on claims under insurance policy violates Illinois public policy November 2011 Illinois Law Update, Page 556 On August 30, 2011, the Appellate Court for the Third District of Illinois reversed a circuit court's denial of a motion to compel arbitration.
A trial de novo provision in an insurance policy did not violate public policy and was not unconscionable July 2011 Illinois Law Update, Page 336 A provision allowing either party in an insurance contract to demand a de novo review by a trial court following arbitration is not unenforceable when it appears in an under-insured motorist policy according to a new holding from the Illinois Supreme Court.
Why Commercial Landlords Should Stop Worrying and Learn to Love Arbitration By Shorge Sato March 2011 Article, Page 144 The 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 Illinois By W. Eugene Basanta and Suzanne J. Schmitz February 2011 Article, Page 88 The 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?
Illinois Family Mediations: The Case Against Allowing GALs By Suzanne J. Schmitz November 2010 Article, Page 576 Because their presence may hinder family mediation, GALs should be excluded, the author argues.
New “substance of dispute” arbitration rules. PA 096-1476 November 2010 Illinois Law Update, Page 564 The general assembly has amended the Uniform Arbitration Act. (710 ILCS 5/8).
ADR and the New Rules: The Role of Third-Party Neutrals By Thomas D. Cavenagh September 2010 Column, Page 482 The ethical obligations of attorneys practicing as third-party neutrals.
Nonparty Discovery Under the Federal Arbitration Act By Mitchell L. Marinello and John Haarlow, Jr. September 2010 Article, Page 476 The 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 Roundup By Jim Covington August 2010 Column, Page 404 A summary of key Illinois legislation passed this spring.
The Mediation Option for Attorney Discipline Cases By Mary Patricia Benz May 2010 Article, Page 262 Are some disciplinary cases good candidates for mediation? This lawyer-mediator says "yes."
The right to argue whether a claim is subject to arbitration is waived if the party does not object in a timely manner September 2009 Illinois Law Update, Page 444 On July 6, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County, confirming the arbitration award for the defendant and dismissing the plaintiff's motion to vacate the award.
Last Term’s United States Supreme Court Labor and Employment Decisions By Michael Robert Lied and Joseph F. Tansino December 2008 Article, Page 626 A survey of the United States Supreme Court's labor and employment rulings from the 2007-08 term.
Correspondence from Our Readers March 2008 Column, Page 114 Warrior to peacemaker; ADR [is] an industry ;  Miller's mandatory penalty.  
ADR and the Image of Lawyers By Joseph G. Bisceglia January 2008 Column, Page 8 “Lawyer-peacemaker” is the right image for our profession.
Arbitration clause unconscionable where customer does not see agreement September 2007 Illinois Law Update, Page 460 On 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 Contracts By Andrew Harris August 2007 Article, Page 418 A 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 contract June 2007 Illinois Law Update, Page 292 On 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. 
Arbitration Clauses: The Singular Approach in Cingular Wireless By Jeffrey A. Parness December 2006 Column, Page 678 The Illinois Supreme Court lays down the law on arbitration agreements.
The Misuse of Mediation in Joint Parenting Agreements By Alison G. Turoff October 2006 Article, Page 546 What happens when parties empower the mediator not only to help resolve disputes, but also to investigate and punish breaches of the agreement?
“You Have the Right to Avoid Litigation…” By Hon. Ron Spears August 2006 Column, Page 438 Should judges advise clients of their right to resolve their dispute before trial?
Mandatory arbitration agreements are binding on employees June 2006 Illinois Law Update, Page 284 On 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 counts By Helen W. Gunnarsson February 2006 Lawpulse, Page 62 A 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 Mediation By James E. Sullivan and Arthur J. Murphy January 2006 Article, Page 26 A Q&A from Cook County about how mediation works in civil cases and how it can reduce time and money spent.
Practical Lessons from the First Circuit Mediation Program By Suzanne J. Schmitz January 2006 Article, Page 30 Mediation of civil cases is also succeeding in the state's southern- most counties. find out why and how.
Correspondence from Our Readers November 2005 Column, Page 554 Poor lawyer image - incivility not the culprit? Mediator as peacemaker.