Publications

Section Newsletter Articles on Alternative Dispute Resolution

Case briefs By Brendan 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.
Case briefs By Brandon Sarkauskas and Jerremy Wiker Alternative Dispute Resolution, May 2014 Recent cases of interest to ADR practitioners.
Happenings By Tom Finnegan Alternative Dispute Resolution, May 2014 Mediation updates from around the country.
Mediation is not a panacea: The Ukrainian dilemma as a case study By Jon Kingzette and Kyler Juckins Alternative Dispute Resolution, May 2014 What has been labeled a “crisis” in Ukraine is a clear example of an international conflict in which mediation can do little or nothing.
What law governs the mediation privilege in federal cases? By Jonah Orlofsky Alternative Dispute Resolution, May 2014 Two recent decisions show that the question of whether there is a mediation privilege in federal cases will differ depending upon the basis for jurisdiction.
An alternative to jail: How the judicial system is assisting women at risk By Jon Kingzette Alternative Dispute Resolution, March 2014 The purpose of a Girls Court is to help prostitutes and other women at risk find comfort, come to terms with the fact that they were exploited, and try to prepare for a new life.
Book Review By Bianca T. Green Alternative Dispute Resolution, March 2014 A review of Getting to Yes: Negotiating Agreement Without Giving In.
Case briefs By Kyler Juckins and Jerremy Wiker Alternative Dispute Resolution, March 2014 Recent cases of interest to ADR practitioners.
Girls Court shapes new ways to deal with at-risk youth By Brandon Sarkauskas Alternative Dispute Resolution, March 2014 Crafted nearly two and a half years ago, the Girls Court aims at providing an alternative way to not only resolve conflict, but to prevent it.
Happenings By Abigail Van Hook Alternative Dispute Resolution, March 2014 Mediation updates from around the country.
Illinois Appellate Court declares binding arbitration provision in insurance code unconstitutional By Alvin R. Becker and Katherine A. Grosh Insurance Law, March 2014 A look at the recent case of Interstate Bankers Casualty Co., et al. v. Alberto Hernandez.
Nevada Supreme Court protects confidentiality in foreclosure mediation By Brandon Sarkauskas Alternative Dispute Resolution, March 2014 Not only does the recent decision by Nevada’s Supreme Court affirm the confidential nature of the foreclosure mediation program, but it offers reassurance of confidentiality to others who may be interesting in pursuing mediation resolutions for other conflicts as well.
A new era of mediation By Tom Finnegan Alternative Dispute Resolution, March 2014 In response to the foreclosure crisis, Illinois responded by enacting foreclosure mediation programs in some of Illinois’ largest counties, and these programs were widely successful. Is it illogical to think that the State of Illinois could benefit from enacting similar types of criminal mediation programs in the same counties?
Press release—Illinois Chapter of National Academy of Distinguished Neutrals launches new Web site for local law firms at www.IllinoisMediators.org Alternative Dispute Resolution, March 2014 IllinoisMediators.org allows firms to quickly find a suitable neutral by identifying preferred practice criteria or dispute types, navigating straight to a roster of trusted local mediators and arbitrators.
Case briefs By Abigail Van Hook and Jerremy Wiker Alternative Dispute Resolution, January 2014 Recent cases of interest to alternative dispute resolution practitioners.
Delaware’s struggle over confidential arbitration By Brandon Sarkauskas Alternative Dispute Resolution, January 2014 The recent case of Delaware Coalition for Open Government v. Hon. Leo E. Strine, Jr, et. al poses a number of issues for state-sponsored arbitration programs.
Happenings By Kyler Juckins and Tom Finnegan Alternative Dispute Resolution, January 2014 Mediation updates from around the country.
Positions versus interests (Part II) By Robert E. Wells, Jr. Alternative Dispute Resolution, January 2014 The second part of an article that was originally published in this newsletter in February 2013.
Should a mediator be an attorney? By Jon Kingzette Alternative Dispute Resolution, January 2014 There is nothing that bars attorneys from being mediators, and there is no law that should do such a thing.