Publications

Section Newsletter Articles on Alternative Dispute Resolution

The growing role of alternative dispute resolution in international trade agreements By Colin McGowan Alternative Dispute Resolution, November 2009 Free trade agreements, more often than not, have begun to contain ADR related clauses and mechanisms. These clauses, if drafted correctly, will be able to provide the groundwork for a more effective resolution between the two parties in the event a dispute should arise.
Happenings By Nicholas Pavlopoulos Alternative Dispute Resolution, November 2009 What's new in ADR.
International arbitration news By Kate Oscarson Alternative Dispute Resolution, November 2009 Recently, Hong Kong has started to be in the spotlight for international arbitration in the Asia Pacific region.
International arbitration procedures—A look at the use of arbitration internationally: Arbitration procedures in the United Kingdom By Colin McGowan Alternative Dispute Resolution, November 2009 In 1996, after a lengthy effort, the United Kingdom introduced Arbitration Act 1996.
Officers’ column By Jon Gilbert, Scott Carfello, and Kate Duncan Alternative Dispute Resolution, November 2009  The Section Council most recently met on September 19, 2009 at the Chicago Regional Office of the ISBA. 
Profiling professionals in the field: H. Case Ellis By Laurel White Alternative Dispute Resolution, November 2009 H. Case Ellis is currently collaborating with the Law Office of Stephen E. Walter to run WE Mediate, an alternative dispute resolution practice in Crystal Lake.
Trilogy of U.S. Supreme Court cases continues trend favoring arbitration By Robert E. Wells, Jr. Alternative Dispute Resolution, November 2009 The U.S. Supreme Court issued three opinions which generally (but not universally) continues its trend favoring arbitration. These cases follow the reiterated federal policy favoring alternative dispute resolution, in general, and arbitration, in particular. However, unanimity is not a mainstay of the opinions issued.
Case briefs By Nicholas Pavlopoulos and Tim Lesiewicz Alternative Dispute Resolution, October 2009 Cases of interest to ADR practitioners.
Do arbitrators’ “inherent powers” to sanction trump “express” limitations in the Agreement on their Authority? By J. Timothy Eaton Alternative Dispute Resolution, October 2009 Even considering the “rough and tumble character” of an arbitration, should the arbitrator not have the power to control the process by taking measures to sanction a party who does not participate in a meaningful way?
Happenings By Julia Kucan Alternative Dispute Resolution, October 2009 Recent ADR news.
International arbitration news By Kate Oscarson and Sidra Hamidi Alternative Dispute Resolution, October 2009 The first in a series of columns considering topics in international arbitration.
International arbitration procedures By Colin McGowan Alternative Dispute Resolution, October 2009 A look arbitration procedures around the world.
Profiling professionals in the field: Judge Allen S. Goldberg directs mediation efforts of Cook County Circuit Court By Laurel White Alternative Dispute Resolution, October 2009 The first in a series of profiles of professionals in ADR.
Sometimes it helps to ask, even when we know the answer By Robert E. Wells, Jr. Alternative Dispute Resolution, October 2009 A fictional dialog about mediation.
U.S. courts wrestle with “manifest disregard” after Hall Street By Jeffrey W. Sarles International and Immigration Law, October 2009 Notwithstanding the controversy over the full meaning of Hall Street, there can be no doubt that the decision reconfirmed the narrow scope of judicial review of arbitral awards.
ADR happenings By Alyssa Vincent Alternative Dispute Resolution, June 2009 ADR news from around the country.
Cases By Jillian Ruggiero, Julia Kucan, and Alyssa Vincent Alternative Dispute Resolution, June 2009 Recent cases of interest to ADR practitioners.
A mediator’s perspective By Andy June Alternative Dispute Resolution, June 2009 An example of a speech intended to help motivate divorced parents in their mediation.
Case briefs By Jillian Ruggiero and Alyssa Vincent Alternative Dispute Resolution, May 2009 Recent cases of interest to ADR practitioners.
Celebrity’s 15-month litigation cruise sinks arbitration By Rachel C. Loftspring Alternative Dispute Resolution, May 2009 The recent case of Skordilis v. Celebrity Cruise serves as a reminder that parties risk forfeiting their rights to arbitrate if they proceed too far down the path of litigation.
Fifth Circuit rules manifest disregard no longer grounds to vacate By Jillian Ruggiero Alternative Dispute Resolution, May 2009 In light of last year’s ruling in the Hall Street case, the grounds listed in the FAA are the exclusive grounds to set aside an arbitration award and manifest disregard of the law as grounds for vacating an award “must be abandoned and rejected.”
Fourth District holds non-signatory insurer has standing to compel arbitration By John R. Schleppenbach Alternative Dispute Resolution, May 2009 The reach of an arbitration agreement or clause can in practice extend far beyond just the parties who physically signed it.
Functus Officio: Arbitration and reconsideration By Jon Gilbert Alternative Dispute Resolution, May 2009 F.R.C.P. 59 and Illinois Code Section 2-1203 are two vehicles by which a judgment may be revisited at the trial level and practitioners are used to relying on these provisions when legal errors present themselves.
Happenings By Alyssa Vincent Alternative Dispute Resolution, May 2009 ADR news updates.
Mediation and Domestic Violence: A practical guide for mediators and attorneys By E. Nicole Carrion Women and the Law, May 2009 While most judges and attorneys agree that mediation is generally a good thing for most custody and visitation cases, there may be certain cases, such as cases that involve domestic violence, that may require special considerations during mediation or perhaps a waiver of mediation altogether.
Mediation of tax Disputes through the Multistate Tax Commission (MTC) By Lee Christoff State and Local Taxation, May 2009 We’ve had a number of, what I consider to be, very successful mediation programs between states with taxpayer disputes, where per
Eleventh Judicial Circuit Court-Annexed Small Claims Mediation Program By Deborah F. Haas Bench and Bar, April 2009 In 2008, the Circuit Court of McLean County developed a Small Claims Mediation Program. The program is designed to assist pro se litigants in an effort to resolve their small claims disputes.
Preparing clients for mediation By Kathleen M. Kraft Family Law, April 2009 Consider the following steps when preparing your client for mediation.
The Arbitration Fairness Act threatens consumer interests By Colin McGowan Alternative Dispute Resolution, March 2009 The Arbitration Fairness Act of 2007 would greatly reduce the consumers’ ability to pursue damages in the future.
Case summaries By Julia Kucan, Jillian Ruggiero, and Alyssa Vincent Alternative Dispute Resolution, March 2009 Recent cases of interest to ADR practitioners.