Publications

Section Newsletter Articles on Alternative Dispute Resolution

Nevada’s foreclosure program: Is it working? By Casey Harter Alternative Dispute Resolution, November 2012 Several years later, there have been supporters who claim that Nevada's bill was a success, noting that of the 13,813 homeowners who participated in this program, 11,674 mediations resulted in no foreclosure. However, opponents are quick to point out that, of the participants, only about 11 percent were able to maintain their home through loan modification.
ADR in Technology Column By Meghan Steinbeiss Alternative Dispute Resolution, October 2012 Recent technological improvements that may assist in mediation.
Case briefs By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, and Shauntal Van Dreel Alternative Dispute Resolution, October 2012 Recent cases of interest to ADR practitioners.
Dartmouth College creates conflict resolution program to address campus conflict By Madalyn Phillips Alternative Dispute Resolution, October 2012 This new program will mediate conflicts such as hazing, roommate issues, uncomfortable sexual events and other disturbances, but will not be able to undertake any cases where a student actually violated the law.
Five years later: Child custody and visitation mediation implementation after the 2006 Supreme Court Rules By Heather Scheiwe Kulp Alternative Dispute Resolution, October 2012 While there have been major achievements for the Illinois justice system, there is still room for improvement in certain aspects of some mediation programs.
Happenings By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, and Shauntal Van Dreel Alternative Dispute Resolution, October 2012 Mediation updates from around the country.
ISBA—It’s just the beginning. Get involved By Hon. Ann Breen-Greco and Sandra Crawford Alternative Dispute Resolution, October 2012 An overview of the recent ISBA/JTBF Law & Leadership Institute, which was held over the summer at the John Marshall Law School.
The contractual right to appeal mandatory arbitration awards by invoking the trial de novo provision in underinsured-motorist coverage By James V. Krejci Civil Practice and Procedure, June 2012 The recent case of Phoenix Insurance Company v. Rosen settled conflicting Illinois Appellate decisions regarding trial de novoprovisions. 
ADR in Technology Column By Meghan Steinbeiss Alternative Dispute Resolution, May 2012 Recent technological improvements that may assist in mediation.
Case briefs By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, and Shauntal Van Dreel Alternative Dispute Resolution, May 2012 Recent cases of interest to ADR practitioners.
The Center for Elder Law publishes study on the mediator’s role By Casey Harter Alternative Dispute Resolution, May 2012 Elder mediation is growing and, as a result, basic rules and regulations need to be placed in order to better serve the needs of older adults.
Happenings By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, and Shauntal Van Dreel Alternative Dispute Resolution, May 2012 Mediation updates from around the country.
Illinois Senate amends Bill SB3726 regarding media-recorded testimony By Madeline Moton Alternative Dispute Resolution, May 2012 An update on SB3726 regarding witnesses and their recorded testimony.
Illinois Senator Don Harmon repeals arbitration provisions By Madeline Moton Alternative Dispute Resolution, May 2012 The repeal eliminates a provision that requires the Illinois Supreme Court to evaluate the effectiveness of mandatory court-annexed arbitration and report the results of the evaluation to the General Assembly annually.
Small claims court mediation in Will County By Robert Berliner Alternative Dispute Resolution, May 2012 An overview of the 12th Judicial Circuit's free mediation program, which began offering its services in March 2010.
The state of community mediation: NAFCM’s 2011 findings By Shauntal Van Dreel Alternative Dispute Resolution, May 2012 The National Association for Community Mediation (NAFCM) recently released The State of Community Mediation: 2011 Report, provides an up-to-date summation of where the community mediation field stands, what it has accomplished, and where its future may lead.
Stop the killing By Hon. Ann Breen-Greco Alternative Dispute Resolution, May 2012 Many schools have ADR practices written into their Code of Conduct but somehow it is not working as well as it should.
Time to fix your arbitration agreements By Brian Caster Business Advice and Financial Planning, May 2012 Employers with a potentially broad arbitration agreement should have legal counsel review the language to ensure its viability in the wake of the NLRB's recent and potentially far-reaching decision.
ADR and Social Change Column By Em Rademaker Alternative Dispute Resolution, April 2012 Throughout its evolution, Idealist.org has maintained the same goals of connecting people and opportunities concerning socially-conscious visions.
ADR in Technology Column By Meghan Steinbeiss Alternative Dispute Resolution, April 2012 Recent technological improvements that may assist in mediation.
Case briefs By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, and Shauntal Van Dreel Alternative Dispute Resolution, April 2012 Recent cases of interest to ADR practitioners.
Happenings By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, and Shauntal Van Dreel Alternative Dispute Resolution, April 2012 Mediation updates from around the country.
Ninth Circuit concludes issue of whether FAA’s Section One exceptions apply is nonarbitrable, But… By John R. Schleppenbach Alternative Dispute Resolution, April 2012 Until the Ninth Circuit’s recent decision in In re Van Dusen, no federal appeals court had addressed whether the applicability of the exceptions to the Federal Arbitration Act’s coverage contained in Section One of that statute constituted a “question of arbitrability” that the parties could agree to arbitrate.
Resource officers’ implementation in Macomb schools By Madalyn Phillips Alternative Dispute Resolution, April 2012 The Macomb City Council recently approved an agreement which allows a resource officer to be assigned at Project Insight, an alternative school which serves junior and senior high students who have behavioral issues.  
Training current and future attorneys in ADR practice By Terry Moritz and Heather Scheiwe Kulp Alternative Dispute Resolution, April 2012 A look at some ADR training programs designed to provide valuable learning experiences.
Two government agencies make decisions that ensure class arbitration in select cases By Casey Harter Alternative Dispute Resolution, April 2012 The two agencies are the Financial Industry Regulatory Authority (FINRA), and the National Labor Relations Board (NLRB).
Using mediation in child custody disputes could prevent violence By Em Rademaker Alternative Dispute Resolution, April 2012 Illinois is among the few states in which custody mediation is mandatory.
Case briefs By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, and Shauntal Van Dreel Alternative Dispute Resolution, February 2012 Recent cases of interest to ADR practitioners.
Florida Supreme Court decisions address the validity of nursing-home arbitration agreements By Em Rademaker Alternative Dispute Resolution, February 2012 Late in 2011 the Supreme Court of Florida issued two new decisions, finding that nursing home residents may not be obligated to arbitrate under an arbitration agreement that undermines their statutory rights
Happenings By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, and Shauntal Van Dreel Alternative Dispute Resolution, February 2012 Mediation updates from around the country.