Publications

Section Newsletter Articles on Alternative Dispute Resolution

The Honorable Harris H. Agnew’s legacy: Judicial leadership and successful court-connected mediation programs By Terry Moritz and Heather Scheiwe Kulp Alternative Dispute Resolution, January 2012 The mediation community was saddened to learn that Judge Harris H. Agnew, retired Chief Judge of the 17th Circuit, passed away Tuesday, December 13, 2011. 
Of the Moment—Evaluating Mediation Programs: Tracking and reporting data By Terry Moritz and Heather Scheiwe Kulp Alternative Dispute Resolution, January 2012 The second installment in this new column that will address developing ADR issues and initiatives in Illinois and throughout the country.
Case briefs By Shauntal Van Dreel and Meghan Steinbeiss Alternative Dispute Resolution, October 2011 Recent cases of interest to ADR practitioners.
Column: Of the Moment—Current developments in mediation By Terry Moritz and Heather Scheiwe Kulp Alternative Dispute Resolution, October 2011 A new column that will address developing ADR issues and initiatives in Illinois and throughout the country.
Letter to the editor By Mark Rouleau Alternative Dispute Resolution, October 2011 A reader's response to the article, "Sacrificing class arbitration for the good of individual arbitration," that appeared in the June 2011 issue of this newsletter.
Ninth Circuit concludes Declaratory Judgment Act does not give federal courts discretion to decline to rule on motions to compel arbitration By John R. Schleppenbach Alternative Dispute Resolution, October 2011 Given the long-standing and widespread push for federal courts to further the efficiency and ease of arbitration by summarily enforcing arbitration agreements where they are found to exist, the Ninth Circuit’s ruling in Countrywide Home Loans, Inc. v. Mortgage Guaranty Insurance Corporation is perhaps unsurprising.
A pilot program that would allow for the mediation of attorney-client disputes By Madalyn Phillips Alternative Dispute Resolution, October 2011 The ARDC would be responsible for coordinating, paying for, and explaining mediation to the parties involved. They would also be responsible for assisting the mediator with anything they might need throughout the mediation process.
Supreme Court dismisses Stok & Associates v. Citibank; Arbitration question remains unanswered By Madalyn Phillips and Casey Harter Alternative Dispute Resolution, October 2011 The main issue to be reviewed in the case was the question of whether one side in a legal dispute surrenders its rights to arbitration once it has participated in a court case that has arisen from the same dispute.
The Uniform Collaborative Law Rules/Act rejected by the ABA House of Delegates By Casey Harter Alternative Dispute Resolution, October 2011 As the practice of collaborative law has spread, it has become increasingly important that there be some framework protecting participants and promoting uniformity in the process.
Discovery in international arbitration International and Immigration Law, September 2011 Learn about discovery in international arbitration at this seminar on October 4th.
What every young lawyer should know about collaborative law (a.k.a., collaborative practice) By Sandra Crawford and Anna P. Krolikowska Young Lawyers Division, August 2011 Learn about collaborative law and sign up for the ISBA CLE program on October 13th. View the details here. 
Case briefs Alternative Dispute Resolution, June 2011 Recent cases of interest to ADR practitioners.
Happenings Alternative Dispute Resolution, June 2011 Mediation updates from around the country.
London Mediation Tournament By Robert E. Wells Jr. Alternative Dispute Resolution, June 2011 A recap of this year's InterNational Academy of Dispute Resolution’s Tenth Annual International Law School Mediation Tournament, which took place in March.
Sacrificing class arbitration for the good of individual arbitration By Terry Moritz Alternative Dispute Resolution, June 2011 A discussion of the potential ramifications of the recent case of United States Supreme Court in AT&T Mobility LLC v. Concepcion.
What every lawyer should know about Collaborative Law (a.k.a., Collaborative Practice) By Sandra Crawford Women and the Law, June 2011 Three things every lawyer should also know about Collaborative Law: (1) there is a favorable American Bar Association Formal Ethics Opinion (Opinion No. 07-447) on the topic; (2) Since October, 2010 there has been a Uniform Collaborative Law Act adopted in several states; and (3) there is an international organization, the International Academy of Collaborative Professionals, which has also promulgated Ethical Standards for Collaborative Practitioners.
What every lawyer should know about Collaborative Law (a.k.a., Collaborative Practice) By Sandra Crawford Alternative Dispute Resolution, June 2011 Three things every lawyer should also know about Collaborative Law: (1) there is a favorable American Bar Association Formal Ethics Opinion (Opinion No. 07-447) on the topic; (2) Since October, 2010 there has been a Uniform Collaborative Law Act adopted in several states; and (3) there is an international organization, the International Academy of Collaborative Professionals, which has also promulgated Ethical Standards for Collaborative Practitioners.
Recent amendment guts the Arbitration Act By Bruce H. Schoumacher Construction Law, May 2011 Arbitration was devised as a dispute resolution mechanism to avoid costly and timely battles in court and to ensure confidentiality. Unfortunately, the author writes, the recent amendment to the Arbitration Act opens the door to circumvent the purpose of arbitration.
ADR Section Council proposes joint task force on youth violence By Joshua Bailey Alternative Dispute Resolution, April 2011 The ISBA ADR Section Council, in partnership with the Chicago Bar Association, is working to implement a Joint Task Force on Stopping the Killing of Our Children in Chicago.
Dealing with time limits By Robert E. Wells Jr. Alternative Dispute Resolution, April 2011 A fictional discussion of the importance of mediator credibility.
Foreclosure mediation met with mixed feelings By Whitney Rhew Alternative Dispute Resolution, April 2011 It appears that efficient programs with “quick” answers for borrowers and high participation rates will be most successful.
Happenings By Ivana Miljic Alternative Dispute Resolution, April 2011 Mediation updates from around the country.
A selection of 40-hour mediation training classes By Margaret Nunne Alternative Dispute Resolution, April 2011 A list of in-state classes that offer different areas of mediation training.
Case briefs By Joshua Bailey Alternative Dispute Resolution, March 2011 Recent cases affecting practitioners of alternative dispute resolution.
Evaluation finds Cook County Child Protection Mediation Program helping broken families mend By Thomas D. Cavenagh Alternative Dispute Resolution, March 2011 By providing a forum for families and child protection professionals to communicate and work through conflicts, the Child Protection Mediation and Facilitation Program gives families with children in state custody the chance to have their voices heard regarding issues of visitation, services and placement.
Happenings By Joshua Bailey Alternative Dispute Resolution, March 2011 Mediation updates from around the country.
Interfaith issues in divorce mediation By Whitney Rhew Alternative Dispute Resolution, March 2011 The case of Reyes v. Shapiro calls into question the court system’s ability to prohibit a parent from instilling values and beliefs into his or her child.
Mediation certification: A brief examination of how to become a court-appointed mediator in the State of Illinois By Margaret Nunne Alternative Dispute Resolution, March 2011 The first in a four-part series exploring different options for mediators or those looking into joining the mediation field.
Second Circuit affirms denial of Petition to Compel Arbitration based on counsel’s conflict of interest By John R. Schleppenbach Alternative Dispute Resolution, March 2011 A look at the case of GSI Commerce Solutions, Inc. v. BabyCenter, L.L.C., in which the Second Circuit affirmed the denial of a petition to compel arbitration based on a conflict of interest by the petitioner’s counsel.
Arbitration clauses in nursing home contracts: FAA preempts Illinois state law restrictions By Edward Clancy Health Care Law, December 2010 This article examines the recent decision made by the Illinois Supreme Court involving nursing home arbitration agreements.