Section Newsletters

Articles on Alternative Dispute Resolution

Taking on mandatory arbitration at for-profits and its effects By Hubert Zanczak Alternative Dispute Resolution, June 2016 Currently, most for-profit higher education institutions require students to sign an arbitration agreement as a condition of enrollment. The weights of justice are tilted toward the institutions from the start by forcing students to give up their rights to litigation and rather to concede to arbitration of their claims.
The truth about whether or not mediation is more cost-effective than litigation By Adam Sehr Alternative Dispute Resolution, June 2016 While the perception that arbitration is more cost effective and quicker than litigation may be popular, it is not necessarily true.
Restorative justice: A perspective from the bench By Hon. Sophia H. Hall Trusts and Estates, May 2016 The author shares her thoughts on restorative legal processes.
ADR CLE opportunities By Lauren Edmunds Alternative Dispute Resolution, April 2016 Mark your calendar now for these upcoming ISBA CLE programs.
Case briefs By Adam Sehr, Samantha Guttenberg, Audrey Paige Sauer, & Hubert Zanczak Alternative Dispute Resolution, April 2016 Recent cases of interest to ADR practitioners.
Court dismisses motion brought forth by nonsignatories involved in Al Rashaid v. Nat’l Oilwell Varco, Inc. (2014) By Adam Sehr Alternative Dispute Resolution, April 2016 In this case, the appellants could cite no case using the collateral order doctrine to push for appellate review of a case where a motion to arbitrate was accepted by the court but certain aspects of the motion were not.
Happenings By Ann Nenoff & Audrey Paige Sauer Alternative Dispute Resolution, April 2016 ADR updates from around the country.
The role of neutrality By Lauren Edmunds Alternative Dispute Resolution, April 2016 The author discusses the recent article, “Practice and Paradox: Deconstructing Neutrality in Mediation" by Sarah Cobb and Janet Rifkin.
Supreme Court upholds precedent in DIRECTV v. Imburgia By Adam Sehr Alternative Dispute Resolution, April 2016 On December 14, 2015 the U.S. Supreme Court ruled in favor of DIRECTV, reversing the opinion of the California Appellate Court in DIRECTV v. Imburgia.
Use of foreign governing law and arbitration clauses in Arab commercial agency and distributorship agreements By Howard L. Stovall International and Immigration Law, February 2016 This article summarizes certain contractual drafting issues that confront Western (e.g., U.S. or European) companies that do business through commercial agents or distributors in the Arab Middle East.
Case briefs By Ann Nenoff & Samantha Guttenberg Alternative Dispute Resolution, January 2016 Recent decisions of interest.
Restorative justice: A perspective from the bench By Hon. Sophia H. Hall Bench and Bar, January 2016 The author shares her thoughts on restorative legal processes.
Supreme Court to decide on Imburgia v. DIRECTV By Adam Sehr Alternative Dispute Resolution, January 2016 The Supreme Court is set to decide on Imburgia v. DIRECTV which will question whether or not DIRECTV will be able to enforce a provision in its contract with its customers requiring they engage in arbitration rather than litigation with the company.
A tale of two communities: Bringing pro bono collaborative law to Illinois National Guard veterans By Sandra Crawford Alternative Dispute Resolution, January 2016 The Collaborative Law Institute of Illinois and the Health & Disability Advocates of Warrior to Warrior have rolled out a pro bono program to bring the Collaborative Practice model of divorce dispute resolution to Illinois Army National Guard Veterans and their families.
A tale of two communities: Bringing pro bono collaborative law to Illinois National Guard veterans By Sandra Crawford Family Law, December 2015 The Collaborative Law Institute of Illinois and the Health & Disability Advocates of Warrior to Warrior have rolled out a pro bono program to bring the Collaborative Practice model of divorce dispute resolution to Illinois Army National Guard Veterans and their families.
Case briefs By Ann Nenoff Alternative Dispute Resolution, November 2015 Recent cases of interest to ADR practitioners.
Emergency arbitrators By Hon. Ann Breen-Greco Alternative Dispute Resolution, November 2015 A summary of the June 5 symposium, "Emergency Arbitrators and Complex Arbitrations Under the 2012 ICC arbitration Rules."
Happenings By Audrey Paige Sauer Alternative Dispute Resolution, November 2015 ADR updates from around the country.
A perspective from the bench By Hon. Sophia H. Hall Alternative Dispute Resolution, November 2015 The author shares her thoughts on restorative legal processes.
A tale of two communities: Bringing pro bono collaborative law to Illinois National Guard veterans By Sandra Crawford Women and the Law, November 2015 The Collaborative Law Institute of Illinois and the Health & Disability Advocates of Warrior to Warrior have rolled out a pro bono program to bring the Collaborative Practice model of divorce dispute resolution to Illinois Army National Guard Veterans and their families.
Tenth Circuit holds failure to pay arbitration fees can result in resumption of court proceedings By John R. Schleppenbach Alternative Dispute Resolution, November 2015 In the recent case of Pre-paid Legal Services, Inc. v. Cahill the court held the stay of litigation may be lifted and a federal lawsuit maintained.
The Arbitration Game - Reviewed By Kerby Kniss Alternative Dispute Resolution, June 2015 An article in The Economist, “The arbitration game,” revealed international trade agreements are a way for multinational companies to get rich through a process known as “investor-state dispute settlement” or ISDS.
Case Briefs By Kyler Juckins Alternative Dispute Resolution, June 2015 Recent cases of interest to ADR practitioners.
Cases may benefit from the use of the Uniform Mediation Act By Stephanie Snyder Alternative Dispute Resolution, June 2015 The author argues that the James Brown and Ernie Banks estate disputes would have benefited from mediation.
Happenings By Jonathon Kingzette Alternative Dispute Resolution, June 2015 Three Surviving MLK Children in Dispute over Bible and Nobel Prize
Case briefs By Brandon Sarkauskas & Kerby Kniss Alternative Dispute Resolution, May 2015 Recent cases of interest to ADR practitioners.
Happenings By Jonathon Kingzette Alternative Dispute Resolution, May 2015 Mediation updates from around the country.
How to get the best deal in mediation By Kyler Juckins Alternative Dispute Resolution, May 2015 A short summary of a very useful article published in a recent edition of the Wall Street Journal.
Michigan enacts Uniform Collaborative Law Act By Jonathon Kingzette Alternative Dispute Resolution, May 2015 Michigan Governor Rick Snyder signed the Uniform Collaborative Law Act into law in June 2014 and it took effect starting in December, making Michigan the 10th state in the country to enact the legislation.
The UK’s possible adoption of eBay’s online dispute resolution method By Katrina Gillilan Alternative Dispute Resolution, May 2015 Under the system proposed by the UK's Civil Justice System, parties would have a limited period of time to reach a settlement online. If the case is not settled during this period, it will then be overseen by a legally qualified facilitator.

Select a Different Subject