Publications

Section Newsletter Articles on Alternative Dispute Resolution

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.
Court rules independent fees separable, must be arbitrated By Alyssa Vincent Alternative Dispute Resolution, March 2009 A California appeals court recently clarified the law on resolving disputes over independent counsel fees, ruling that the legislature clearly intended that arbitration serve as the sole forum for resolving these disputes to the exclusion of courts regardless of the presence of other claims in the case.
Happenings By Julia Kucan Alternative Dispute Resolution, March 2009 ADR news updates.
New Hampshire Justices rule ADR fees unconstitutional By Alyssa Vincent Alternative Dispute Resolution, March 2009 In a December 31st opinion for Nancy Lamarche v. Stephanie McCarthy, the New Hampshire Supreme Court held that a $50 filing fee imposed on litigants who are referred to court-ordered alternative dispute resolution is constitutional, since the fee is a reasonable revenue-raising measure and does not deprive litigants of access to court.
The Supreme Court clarifies the standards for vacating or modifying arbitration awards in federal court By Travis J. Ketterman Federal Civil Practice, March 2009 Parties cannot obtain heightened judicial review when seeking to vacate or modify an arbitration award under the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
Investment arbitration and financial crisis: The global financial crisis and BITs By Joshua Fellenbaum International and Immigration Law, January 2009 The global economy has struck a significant downturn, which as this article posits, could have direct effects on investor-state arbitration claims.
California Justices urged to limit vacatur based on disclosure failure By Jillian Ruggiero Alternative Dispute Resolution, December 2008 Arbitrators face the possibility of disqualification due to their failure to disclose pertinent facts that are necessary to an arbitrator’s role as a neutral, third party.