Publications

Section Newsletter Articles on Alternative Dispute Resolution

The benefits of mandatory arbitration in Illinois By Randall Edgar General Practice, Solo, and Small Firm, March 2007 From its inception through the Mandatory Arbitration Act of January 1, 1986, the concept of the Mandatory Arbitration Hearing in Illinois has caused many attorneys to question the benefit and purpose of these “mini hearings.”
Cases By Megan Boan and Steve Mroczkowski Alternative Dispute Resolution, March 2007 Volkswagen of American and Sud’s of Peoria signed a construction agreement which contained an arbitration clause, a loan agreement, and an agreement to facilitate the opening of a Volkswagen dealership.
Domestic ADR Happenings By Whitney Roberts Alternative Dispute Resolution, March 2007 The State Bar of Texas’ ADR section is drafting new legislation to eliminate the confusion regarding appellate motions for state and federal cases.
International ADR happenings By Steve Mroczkowski Alternative Dispute Resolution, March 2007 The United Nations’ highest court exonerated Serbia of direct responsibility for genocide in Bosnia in the early 1990s but ruled that Serbia failed to prevent the genocidal slaughter of Bosnian Muslims at Srebrenica.
Advancing conflict resolution in the business sector By Steve Mroczkowski Alternative Dispute Resolution, February 2007 The following is a summary of the key points of an article taken from the Winter 2005 issue of ACRESOLUTION.
Cases By Megan Boan and Steve Mroczkowski Alternative Dispute Resolution, February 2007 Subscribers entered into cable television contracts with Comcast. Comcast mailed notices that modified the contracts to include an arbitration clause.
Happenings Alternative Dispute Resolution, February 2007 Senator Tom Harkin (D-IA) has introduced a bill that would limit the use of the mandatory arbitration clause in farm contracts under the Federal Arbitration Act, The Fair Contract for Growers Act of 2007.
International happenings By Steve Mroczkowski Alternative Dispute Resolution, February 2007 The International Centre for Dispute Resolution, the international division of the American Arbitration Association, hosted a delegation of representatives from the Inter-American Commercial Arbitration Commission (IACAC) and members of the American Chambers of Commerce (AMCHAMs) of Latin America (AACCLA).
Mediation: A distinct profession By Steve Mroczkowski Alternative Dispute Resolution, February 2007 In 2002, the American Bar Association’s Section of Dispute Resolution adopted a policy stating that, conducted properly, mediation is not the practice of law.
A summary: Arbitrator misconduct: Liability and immunity By Megan Boan Alternative Dispute Resolution, February 2007 The common belief would be that an arbitrator who is guilty of wrongdoing during an arbitration would be liable to the party or parties, which is precisely why conflict resolution practitioners can acquire liability insurance.
Vacating an arbitration award: Giving meaning to “undue means” By Jon Gilbert Alternative Dispute Resolution, February 2007 Section 12(a) of the Illinois version of the Uniform Arbitration Act ( 710 ILCS 5/12) sets forth the statutory grounds for attacking and vacating an award.
ADR happenings By Megan Boan Alternative Dispute Resolution, November 2006 ADR updates from around the country.
Case summaries By Steve Mroczkowski Alternative Dispute Resolution, November 2006 Recent cases of interest to ADR practitioners.
Chair’s Column By Stephen B. Cohen Alternative Dispute Resolution, November 2006 A message from Section Chair Stephen B. Cohen.
Case summaries Alternative Dispute Resolution, June 2006 Recent cases of interest to ADR practitioners.
Rethinking divorce through collaborative practice By Samia Zayed Alternative Dispute Resolution, June 2006 By now it is no surprise to most people that 50 percent of all marriages in the United States end in divorce.
Seventh Circuit’s final answer: Would-be millionaire’s failure to read official contest rules did not invalidate agreement to arbitrate By James F. McCluskey and Lori N. Carrozza Civil Practice and Procedure, June 2006 The next time you peel back a Reading Railroad game piece from your large soft drink, be mindful that you may have just agreed to not pass “Go” and to “go straight to arbitration” with respect to any and all disputes arising from the popular promotional game.
Case summaries By Kristi Hornickel, Megan Kawa, and Samia Zayed Alternative Dispute Resolution, April 2006 Traveler's Casualty and Surety Co. (Insurer) and ACandS (Insuree) entered into a coverage agreement which included an arbitration clause.
Restorative justice around the world By Kim Broyles Alternative Dispute Resolution, April 2006 A shift in views about crime has been seen around the world. As the view of crime has shifted back to being viewed as a violation against a person as apposed to against the state there has been a worldwide criminal justice reform (Van Ness, 1996, 2005).
Case summaries By Kristi Hornickel and Samia Zayed Alternative Dispute Resolution, March 2006 Recent cases of interest to ADR practitioners.
Happenings By Kristi Hornickel and Tracie Hunt Alternative Dispute Resolution, March 2006 The Florida Supreme Court plans to a debate a proposal that, if implemented, would better inform mediation participants about their obligations and the process itself.
Standards & certification section By Megan Kawa and Samia Zayed Alternative Dispute Resolution, March 2006 Electronic mail has been ruled as an acceptable means for initiating arbitration by England's Commercial Court.
Case summaries By Megan Kawa and Samia Zayed Alternative Dispute Resolution, February 2006 The Universal Service Fund filed a complaint at the district level alleging that defendants Sprint and AT&T collaborated with Worldcom in violation of the FCA and the Sherman Act.
Message from the Chair By Hon. Michael Jordan Alternative Dispute Resolution, February 2006 I am happy to say that the November 18, 2005 CLE program on mediation skills held in Springfield at the Abraham Lincoln Presidential Library was a success.
Ombudsmen: Part II By Kristi Hornickel Alternative Dispute Resolution, December 2005 The first article in this series established that the purpose of an Ombudsman is to provide individuals with a neutral, unbiased, and confidential resource through which they can voice their concerns without the fear of retribution.
Who determines an arbitration agreement’s conscionability? By Samia Zayed Alternative Dispute Resolution, December 2005 The question of whether or not arbitrators should decide when arbitration agreements are unconscionable is being tackled by an eleven judge en banc panel of the 9th Circuit in California.
Ombudsmen: Part 1 By Kristi Hornickel Alternative Dispute Resolution, October 2005 After a rousing speech in Southern Illinois earlier this year by President Bush, most Americans were ready to jump on the Alternative Dispute Resolution bandwagon, on their way to less-crowded dockets and tort reform for all.
The Alternative Dispute Resolution Handbook of the ADR Section Council of the State Bar of Texas By Stanley J. Dale Labor and Employment Law, July 2005 Popular song lyrics tell us about a state where the stars shine bright, a yellow rose can be seen, and where all of one chap's ex-wives reside.
Mediation of financial issues in divorce By Don C. Hammer Family Law, July 2005 The Illinois Supreme Court, on January 26, 2005, approved a program in the Eleventh Circuit for the mediation of financial and property issues in divorce cases (both pre-decree and post-decree) and family (paternity) cases.
Mediation of financial issues in divorce By Don C. Hammer Alternative Dispute Resolution, June 2005 The Illinois Supreme Court, on January 26, 2005, approved a program in the Eleventh Circuit for the mediation of financial and property issues in divorce cases (both pre-decree and post-decree) and family (paternity) cases.