Publications

Section Newsletter Articles on Alternative Dispute Resolution

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.
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.