Publications

Section Newsletter Articles on Alternative Dispute Resolution

The Arbitration Game - Reviewed By Kerby Kniss Alternative Dispute Resolution, June 2015 An article in The Economist, “The arbitration game,” revealed international trade agreements are a way for multinational companies to get rich through a process known as “investor-state dispute settlement” or ISDS.
Case Briefs By Kyler Juckins Alternative Dispute Resolution, June 2015 Recent cases of interest to ADR practitioners.
Cases may benefit from the use of the Uniform Mediation Act By Stephanie Snyder Alternative Dispute Resolution, June 2015 The author argues that the James Brown and Ernie Banks estate disputes would have benefited from mediation.
Happenings By Jonathon Kingzette Alternative Dispute Resolution, June 2015 Three Surviving MLK Children in Dispute over Bible and Nobel Prize
Case briefs By Brandon Sarkauskas and Kerby Kniss Alternative Dispute Resolution, May 2015 Recent cases of interest to ADR practitioners.
Happenings By Jonathon Kingzette Alternative Dispute Resolution, May 2015 Mediation updates from around the country.
How to get the best deal in mediation By Kyler Juckins Alternative Dispute Resolution, May 2015 A short summary of a very useful article published in a recent edition of the Wall Street Journal.
Michigan enacts Uniform Collaborative Law Act By Jonathon Kingzette Alternative Dispute Resolution, May 2015 Michigan Governor Rick Snyder signed the Uniform Collaborative Law Act into law in June 2014 and it took effect starting in December, making Michigan the 10th state in the country to enact the legislation.
The UK’s possible adoption of eBay’s online dispute resolution method By Katrina Gillilan Alternative Dispute Resolution, May 2015 Under the system proposed by the UK's Civil Justice System, parties would have a limited period of time to reach a settlement online. If the case is not settled during this period, it will then be overseen by a legally qualified facilitator.
Book review: Brain Rules and how they can help mediators and arbitrators By Hon. Ann Breen-Greco Alternative Dispute Resolution, April 2015 Brain Rules, by John Medina, is a fascinating look at different aspects of brain function and how recognizing these can affect our daily lives.
Case briefs By Brandon Sarkauskas and Kerby Kniss Alternative Dispute Resolution, April 2015 Recent cases of interest to ADR practitioners.
The current state of ADR education in Illinois law schools By Kyler Juckins Alternative Dispute Resolution, April 2015 A look at how ADR education has evolved over the years.
Happenings By Jonathon Kingzette Alternative Dispute Resolution, April 2015 Mediation updates from around the country.
ADR Section announces new CLE offering Alternative Dispute Resolution, February 2015 Save the date— March 18, 2015— for this informative program!
Candor and disclosure are the keys to avoiding conflicts and complaints By Robert E. Wells Alternative Dispute Resolution, February 2015 The second installment of a fictional encounter between a mediator and an attorney seeking to mediate a family succession plan.
Case briefs By Brandon Sarkauskas and Kerby Kniss Alternative Dispute Resolution, February 2015 Recent cases of interest to ADR practitioners.
Happenings By Jonathon Kingzette Alternative Dispute Resolution, February 2015 Mediation updates from around the country.
Mediation, meditation—Let’s pause for more peaceful outcomes By Sandra Crawford Women and the Law, February 2015 Learning how to meditate can help legal professionals (mediators, attorneys, judges) become more comfortable with silence (“the pause”) and not have to continually race against each other to be the first and last to speak.
Case briefs By Brandon Sarkauskas and Kerby Kniss Alternative Dispute Resolution, December 2014 Recent cases of interest to ADR practitioners.
Florida Supreme Court upholds arbitration award as final By Jonathon Kingzette Alternative Dispute Resolution, December 2014 The decision is one which encourages the use of arbitration as a means of solving disputes, and fits in with the growing popularity of arbitration at a national scope.
Happenings By Jonathon Kingzette Alternative Dispute Resolution, December 2014 Mediation updates from around the country.
S.C.O.T.U.S refuses to revive a Delaware arbitration program By Kyler Juckins Alternative Dispute Resolution, December 2014 In March of this year, the U.S. Supreme court made the decision to refuse the revival of A Delaware arbitration program that allows judges to respond to corporate disputes confidentially.
What law governs the mediation privilege in federal cases? By Jonah Orlofsky Intellectual Property, September 2014 Many states have mediation statutes that create statutory privileges for all communications that are part of the mediation process. There is, however, no similar federal statute. This raises the question of whether there is a mediation privilege for federal cases. Two recent Illinois federal district court decisions examined this issue  
Ace your case: An overview of the rules governing mandatory arbitrations By Amy Kelly Young Lawyers Division, August 2014 In many ways, arbitration hearings are a dress rehearsal for trial and a great way for young lawyers to gain experience.
Arbitration vs. litigation: Conflicting clauses across countries By Abigail Van Hook Alternative Dispute Resolution, July 2014 The conflicting clauses bring about problems that are only amplified in the global arena.
Case briefs By Jerremy Wiker Alternative Dispute Resolution, July 2014 Recent cases of interest to ADR practitioners.
Happenings By Tom Finnegan and Brandon Sarkauskas Alternative Dispute Resolution, July 2014 Mediation updates from around the country.
Illinois appellate court holds arbitration agreement unconscionable By John R. Schleppenbach Alternative Dispute Resolution, July 2014 It is notable that the Illinois Appellate Court in Potiyevskiy v. TM Transportation, Incorporated recently affirmed a trial court’s denial of a motion to compel arbitration based on the unconscionability of the arbitration clause.
Potential role of a mediator in succession planning By Robert E. Wells, Jr. Alternative Dispute Resolution, July 2014 A fictional encounter between a mediator and an attorney seeking to mediate a family succession plan.
Foreclosure mediation has expanded to many parts of Illinois By Hon. Michael S. Jordan Bench and Bar, June 2014 Even though foreclosure filings have declined over the past year or so, there remain nearly 50,000 pending residential and non-residential foreclosures pending in Cook County alone.