Publications

Section Newsletter Articles on Alternative Dispute Resolution

Happenings By Whitney Rhew Alternative Dispute Resolution, December 2010 Mediation updates from around the country.
NFL’s labor fight predicted to be expensive By Margaret Nunne Alternative Dispute Resolution, December 2010 If the owners and the NFL Players Association are unable to come to an agreement, it would mean the first work stoppage since 1987.
Time to make a difference By Robert E. Wells Jr. Alternative Dispute Resolution, December 2010 Law Day 2011 provides an ideal vehicle to re-emphasize the efforts and commitment of our profession to making this a better world. Check the next issue of this newsletter for details on how to get involved.
Case briefs By Ivana Miljic Alternative Dispute Resolution, October 2010 Summaries of recent cases affecting ADR practitioners.
Foreclosure growth fuels mediation growth in Illinois By Whitney Rhew Alternative Dispute Resolution, October 2010 As of August 1, 2010, lenders must now attend mediation with the homeowner and a third-party neutral before proceeding with foreclosure in Will County.
Happenings By Ivana Miljic Alternative Dispute Resolution, October 2010 Mediation updates from around the country.
Scope of arbitrator’s authority limits authority in rewarding damages By Margaret Nunne Alternative Dispute Resolution, October 2010 In Prate Installations, Inc., v. Chicago Regional Council of Carpenters, the court found that an arbitrator cannot award damages or remedies for periods of time after the expiration of the collective bargaining agreement.
Supreme Court grants arbitrators more power By Joshua Bailey Alternative Dispute Resolution, October 2010 Since Section 2 of the Federal Arbitration Act states that such clauses are “valid, irrevocable, and enforceable” without mentioning the validity of the agreement as a whole, the U.S. Supreme Court ruled that a challenge to the whole agreement must be decided by the arbitrator.
Anti-suit injunctions in the context of international commercial arbitration, Part III By Ricardo Quass Duarte Antitrust and Unfair Competition Law, September 2010 The third installment in this analysis of the different legal issues involving the granting of anti-suit injunctions in the context of international commercial arbitration.
The importance of set-offs for un/underinsured arbitrations By James K. Theisen and James F. McCluskey Tort Law, September 2010 Play it safe—always bring the set-off issue to the attention of the arbitrators during the arbitration.
Restorative Justice Program in Cook County unique in U.S Women and the Law, September 2010 Currently, unpaid child support is collected through a system of seizures and penalties, sometimes including jail time. In this area of law enforcement, the adversarial process not only reinforces the conflict that drives these disputes, it is costly. Often, modest available resources are siphoned off in attorneys’ fees, court costs, and fines. In contrast, the restorative circle process enables the family members and their supporters to discuss and explore their concern for their children’s needs in a constructive, thoughtful and respectful manner.
Victim-offender mediation: An alternative By Don C. Hammer Child Law, September 2010 During Victim-offender mediation, the victim has an opportunity to confront the offender and explain to the offender the effect of the crime on the victim’s life. The offender gets to see first-hand the effect of his actions on another person and to take responsibility for what he has done.
The curious relationship between arbitration and insurer bad faith under Illinois law By David M. Kroeger Insurance Law, August 2010 There is something unsettling about an arbitration clause that is silent on the issue of bad faith being construed in a way that potentially immunizes an insurer from liability for its bad faith conduct.
Declining to compel arbitration on public policy grounds: Thomas v. Carnival Corp. By Alex C. Lakatos International and Immigration Law, August 2010 This case is significant because it takes what may be deemed a broad view of when it is appropriate to decline to compel arbitration based on the “public policy” affirmative defense.
Dispute resolution precautions in India By Sonia Baldia and Violeta I. Balan International and Immigration Law, August 2010 A few practical considerations to keep in mind when drafting contractual dispute resolution provisions involving India.
ADR and international trade conventions By Thomas D. Cavenagh Alternative Dispute Resolution, June 2010 ADR processes are desirable in international agreements as they encourage party participation, eliminate some of the rule-driven formality of litigation and focus more heavily on negotiated outcomes.
Anti-suit injunctions in the context of international commercial arbitration, Part II By Ricardo Quass Duarte Antitrust and Unfair Competition Law, June 2010 An analysis of the different legal issues involving the granting of anti-suit injunctions in the context of international commercial arbitration.
Cases By Nicholas Pavlopoulos Alternative Dispute Resolution, June 2010 Recent cases related to ADR.
Extra scrutiny still does not apply when arbitrator’s decision is reversed By Richard D. Hannigan Workers' Compensation Law, June 2010 The Appellate Court affirmed the Commission’s decision in R and D Thiel v. IWCC.
Happenings By Sidra Hamidi Alternative Dispute Resolution, June 2010 What's new in ADR.
International arbitration By Kate Oscarson Alternative Dispute Resolution, June 2010 ADR updates from around the world.
Ninth Circuit removes potential barrier to federal jurisdiction over Motions to Compel Arbitration By John R. Schleppenbach Alternative Dispute Resolution, June 2010 While the existence of federal jurisdiction over a motion to compel arbitration remains far from certain,the recently decided case of Geographic Expeditions v. Estate of Lhotka makes it somewhat more attainable.
Third-party discovery in arbitrations By Champ W. Davis Alternative Dispute Resolution, June 2010 Should parties be free to spell out the procedures they will abide by? Or should third-party discovery be eliminated altogether so that arbitration is faster and less costly? The Seventh Circuit has so far been split on the issue.
Case summaries By Nicholas Pavlopoulos Alternative Dispute Resolution, May 2010 Recent cases related to alternative dispute resolution.
A comment on “gross error” By Jon Gilbert Alternative Dispute Resolution, May 2010 A case decided two years ago by the Illinois Supreme Court may do away with the doctrine of "manifest disregard of the law" as a basis for challenging an award.
Commercial arbitration in the People’s Republic of China By R. Terence Tung International and Immigration Law, May 2010 The People’s Republic of China (PRC) now conducts more arbitrations than any other country in the world.
Does §1782 allow for discovery in international arbitrations? The Renewed Debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, Lt. By Amy D. Mitchell International and Immigration Law, May 2010 The issue of whether 28 U.S.C. Section 1782 authorizes discovery in private foreign arbitrations is far from settled.
Foreign judgments enforcing arbitral awards are no longer enforceable in themselves in Germany By Mark C. Hilgard and Jan Kraayvanger International and Immigration Law, May 2010 In a landmark decision last year, the German Federal Supreme Court determined that a foreign judgment confirming an arbitral award can no longer be recognized in Germany.
Happenings By Sidra Hamidi Alternative Dispute Resolution, May 2010 What's new in ADR.
International happenings By Kate Oscarson Alternative Dispute Resolution, May 2010 ADR developments around the world.