Publications

Section Newsletter Articles on Alternative Dispute Resolution

Case summaries By Ashley Crettol Alternative Dispute Resolution, April 2008 The dispute between Preston and Ferrer, who were disagreeing over whether the California Talent Agency Act (CTAA) or the Federal Arbitration Act (FAA) had initial jurisdiction over concerns with their contract, was decided on February 20, 2008.
“Gross errors of law” under the Arbitration Act By Jon Gilbert Alternative Dispute Resolution, April 2008 The Seventh Circuit’s recent decision in Edstrom Industries, Inc., v. Companion Life Insurance(No. 06 C 964)( February 11, 2008) suggests that ADR practitioners take a close look at vacating awards based on “gross errors of law”, a legal argument which now appears to be a moving target. First, some background.
Happenings By Kurt Kamrath Alternative Dispute Resolution, April 2008 Recent developments in alternative dispute resolution.
Mediation limits / opportunities By Robert E. Wells, Jr. Alternative Dispute Resolution, April 2008 Lack of injunctive relief and limitation on discovery are two perceived “weaknesses” of mediation. However, a closer examination reveals that perceptions may not be reality.
Seventh Circuit overturns arbitration decision based on failure to specifically adhere to state substantive law By Howard Z. Gopman Business and Securities Law, April 2008 In Edstrom Industries, Inc. v. Companion Life Insurance Company the Seventh Circuit Court of Appeals took the unusual step of overturning an arbitrator’s decision on the basis that the arbitrator failed to apply specific substantive law.
Working towards more successful environmental mediation (Part 1) By Kurt Kamrath Alternative Dispute Resolution, April 2008 The practice of environmental mediation has numerous inherent benefits.
ADR happenings By Ashley Crettol Alternative Dispute Resolution, February 2008 Recent developments in ADR. 
The art of picking an arbitrator By Charles B. Lewis Alternative Dispute Resolution, February 2008 In medieval times, it was felt that one could assess the character and temperament of an individual by reference to the four humors.
Cases By Kurt Kamrath Alternative Dispute Resolution, February 2008 Otay River Constructor (Otay) filed two motions to compel arbitration. Otay had multiple agreements with San Diego Expressway (Expressway).
Supreme Court to decide two cases involving Power of Arbitration Agreements By Ashley Crettol Alternative Dispute Resolution, February 2008 There are currently two cases on the Supreme Court docket for the 2007-2008 term which question the power of arbitration clauses.
Case summaries By Ashley Crettol Alternative Dispute Resolution, January 2008 Local 15 objected to a new system implemented by Exelon Corporation, which, during an emergency, would summon those employees who were not already at work.
Current developments in mediation By Thomas D. Cavenagh Alternative Dispute Resolution, January 2008 Use of mediation in a wide variety of contexts is expanding rapidly across the country … and abroad.
Happenings Alternative Dispute Resolution, January 2008 The House of Representatives has just passed legislation that will give state officials the authority to compel FEMA to take part in mediations surrounding conflicts over claims to the national flood insurance program following a natural disaster.
Mediation: Obstacle or tool? (Insight to a Litigator) By Robert E. Wells, Jr. Alternative Dispute Resolution, January 2008 Joe, a premier litigator, wondered how to respond to Judge Taylor’s request that one of his current cases be mediated.
So you want to be a mediator? (Or, a better one?) By Robert E. Wells, Jr. Alternative Dispute Resolution, January 2008 Susan wanted to be a mediator. She had been a judge for 19 years and planned to retire the next year.
Arbitration alternatives By Champ W. Davis, Jr. Alternative Dispute Resolution, October 2007 Arbitration is a common form of dispute resolution.
Cases Alternative Dispute Resolution, October 2007 Recent cases of interest to ADR practitioners.
“Evident Partiality” in an arbitration proceeding By Jon Gilbert Alternative Dispute Resolution, October 2007 I have previously discussed the first statutory ground for vacating an award in this newsletter and now move on to the second.
“Insuring” success: Arbitrating insurance coverage disputes in London By Lorelie S. Masters Alternative Dispute Resolution, October 2007 Today, Bermuda is one of the largest markets for commercial property casualty insurance.
Cases By Megan Boan and Steve Mroczkowski Alternative Dispute Resolution, May 2007 Bono brought a defamation suit against David relating to a joint development project.
Happenings By Megan Boan and Steve Mroczkowski Alternative Dispute Resolution, May 2007 March 13, 2007 -- The American Arbitration Association presented its Distinguished Public Service Award, in recognition of contributions made to the AAA-administered hurricane mediation programs in Louisiana and Mississippi, to three deserving recipients—the first an educational institution, the second a governmental entity, the third a private-sector firm.
The history of United Nations mediation in the Darfur conflict By Whitney Roberts Alternative Dispute Resolution, May 2007 Given the importance of international conflict resolution, we have endeavored this year to address some of the high-profile areas in which conflict resolution is being attempted.
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).