Publications

Section Newsletter Articles on Alternative Dispute Resolution

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.
Case briefs By Whitney Rhew Alternative Dispute Resolution, December 2010 Summaries of recent cases affecting ADR practitioners.
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.