Publications

Section Newsletter Articles on Alternative Dispute Resolution

Case briefs By Kyler Juckins, Jerremy Wiker, and Brandon Sarkauskas Alternative Dispute Resolution, October 2013 Recent decisions of interest to ADR practitioners.
The cost of arbitration By Hon. Michael Jordan Alternative Dispute Resolution, October 2013 Any experienced advocate or arbitrator knows that increasing costs are difficult to sell to the parties and the public so a challenge exists to think out of the box to manage the costs.
First District finds waiver of right to force individual arbitration of class action claims By John R. Schleppenbach Alternative Dispute Resolution, October 2013 A corporate litigant in the First District case of Bovay v. Sears, Roebuck & Co. recently argued that it had not waived its right to arbitrate by failing to assert it during approximately a decade of litigation.
Happenings By Jon Kingzette Alternative Dispute Resolution, October 2013 ADR events and updates from around the country.
ISBA—It’s just the beginning By Hon. Ann Breen-Greco Alternative Dispute Resolution, October 2013 An overview of the recent ISBA/JTBF Law & Leadership Institute, which was held in August at the John Marshall Law School.
National policy favoring class arbitration reaffirmed By Mark Rouleau Alternative Dispute Resolution, October 2013 In the intervening period since the Supreme Court decision in Stolt-Nielsen S.A. v. Animal Feeds International, many courts and parties have been left wondering if arbitration on a class-wide basis could ever be sustained. Recently the Supreme Court answered this question preserving arbitration on a class basis.
High court allows class arbitration award to stand By Michael R. Lied Federal Civil Practice, June 2013 Predictably, disputes over arbitration agreements and awards will continue. However, Oxford Health Plans v. Sutter gives the parties an opportunity to carefully draft arbitration agreements to prevent class arbitration.
Application of arbitration agreements in tort law limited to the contractual parties By J. Timothy Eaton Alternative Dispute Resolution, May 2013 In Carter v. SSC Odin, The Illinois Supreme Court reaffirmed its support for arbitration agreements in general but limited their application in tort law to only those injured parties who signed the arbitration agreement.
Case briefs By Casey Harter, Madalyn Phillips, and Taryn Vaughan Alternative Dispute Resolution, May 2013 Recent cases of interest to ADR practitioners.
Happenings By Casey Harter, Madalyn Phillips, and Taryn Vaughan Alternative Dispute Resolution, May 2013 Mediation updates from around the country.
Illinois Supreme Court revisits enforceability of nursing home arbitration agreements By John R. Schleppenbach Alternative Dispute Resolution, May 2013 The enforceability of arbitration clauses contained in nursing home admission agreements has recently become a subject of increased debate throughout the United States.
Restorative justice: A framework worth considering By Madalyn Phillips Alternative Dispute Resolution, May 2013 Overall, the Restorative Justice framework when used in the Juvenile Justice system allows communities to come together to make things right in their community and with one another again.
RSI publishes study on foreclosure mediation and provides suggestions for improvement By Casey Harter Alternative Dispute Resolution, May 2013 Although a number of different goals exist when it comes to foreclosure mediation, a common problem is that most programs aren’t tracking whether these goals are being achieved.
Foreclosure loss mitigation & mediation rules By Daniel Lindsey Bench and Bar, April 2013 A closer look at new Supreme Court Rule 114, which went into effect on March 1, 2013.
What proceedings in state court are permitted when the dispute is governed by a valid arbitration clause: Recent Illinois cases say hands off until the arbitration award is final By J. Timothy Eaton Civil Practice and Procedure, April 2013 Recent cases demonstrate that the courts give great deference to the parties’ written agreement regarding the arbitration process, and the courts will not insert themselves into the arbitration process until a final award is entered pursuant to the parties’ agreement.
IRS alternative dispute resolution for small businesses and self employed taxpayers By James Creech Federal Taxation, March 2013 Fast Track Settlement and Fast Track Mediation are similarly named and both use mediation. However there are some important differences both in subject matter and procedure.
Case briefs By Casey Harter, Madalyn Phillips, and Taryn Vaughan Alternative Dispute Resolution, February 2013 Recent cases of interest to alternative dispute resolution practitioners.
FAA’s “National Policy Favoring Arbitration” trumps state courts from courts ruling on validity of underlying contract where there is a valid arbitration clause By J. Timothy Eaton Alternative Dispute Resolution, February 2013 Where an attack is being made on the validity of the contract that contains an arbitration clause, and not on the arbitration clause itself, it should be resolved by the arbitrator and not be the subject of judicial determination. Conversely, if the attack is on the arbitration provision, that is a matter for initial court determination.
Fifth Circuit holds personal jurisdiction needed to confirm foreign arbitration award By John R. Schleppenbach Alternative Dispute Resolution, February 2013 The Fifth Circuit has added to the emerging trend of allowing petitions to confirm foreign arbitration awards to be dismissed based on a lack of personal jurisdiction.
Happenings By Casey Harter, Madalyn Phillips, and Taryn Vaughan Alternative Dispute Resolution, February 2013 Mediation updates from around the country.
In politics, the middle way is none at all By Robert E. Wells, Jr. Alternative Dispute Resolution, February 2013 A fictitious conversation highlighting the importance of listening.
Mediation for senior lawyers By Patrick J. Hitpas Senior Lawyers, February 2013 Even if you have done well without mediation in your practice, you may want to use mediation as a resource as you continue your legal career. You may find that mediation helps to make your practice even more successful and enjoyable.
Nevada foreclosure mediation reviewed by Nevada Supreme Court By Casey Harter Alternative Dispute Resolution, February 2013 In Nevada, the question of the constitutionality of the Nevada Foreclosure Mediation Program is receiving consideration.
The constitutionality of criminalizing cyberbullying By Lauren Roadman Human Rights, January 2013 The growing problems of bullying and cyberbullying are forcing the government, as well as local communities, to look at ways to help solve these problems.
10 tips for mediating pursuant to Supreme Court Rule 905 By Barb Collins Alternative Dispute Resolution, November 2012 The author has compiled ten things she has learned over the years, to assist those who might want to give the mediation of child custody and visitation disputes a try.
All it takes is a signature By Taryn Vaughan Alternative Dispute Resolution, November 2012 People often are oblivious to the specific details listed in such popular consumer product agreements as credit card contracts, agreeing to terms sometimes without even reading anything in the agreement.
Case briefs By Taryn Vaughan, Madalyn Phillips, and Casey Harter Alternative Dispute Resolution, November 2012 Recent cases of interest to ADR practitioners.
The constitutionality of criminalizing cyberbullying By Lauren Roadman Alternative Dispute Resolution, November 2012 The growing problems of bullying and cyberbullying are forcing the government, as well as local communities, to look at ways to help solve these problems.
Happenings By Taryn Vaughan, Madalyn Phillips, and Casey Harter Alternative Dispute Resolution, November 2012 Mediation updates from around the country.
In issue of first impression, First District addresses impact of arbitration award exceeding Illinois’ monetary limits on court-ordered arbitration By John R. Schleppenbach Alternative Dispute Resolution, November 2012 Until recently, no Illinois court had addressed the impact of an arbitration award exceeding the Illinois Supreme Court's monetary limits. In June of this year, however, the First District in Babcock v. Wallace opined that such an award was erroneous, but nonetheless affirmed its enforcement because the party seeking to set it aside had failed to follow the appropriate procedural steps to do so.