Publications

Section Newsletter Articles on Alternative Dispute Resolution

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.
Case summaries By Stanley N. Wasser Alternative Dispute Resolution, May 2005 Recent cases of interest to ADR practitioners.
Alternative dispute resolution: Making a federal case out of a simple breach of a construction contract case By Stanley N. Wasser Alternative Dispute Resolution, April 2005 Out-of-state arbitration issues in construction cases can be a sticky wicket.
Is there third-party discovery in arbitration? By John Gilbert Alternative Dispute Resolution, February 2005 The subject of discovery has received a lot of attention in the past few years because of the expense involved.
Case law update By Kristen Weber Alternative Dispute Resolution, May 2004 John Joyner, as guardian for his incapacitated mother, filed a claim with the National Association of Securities Dealers, Inc. (NASD) against Raymond James Financial Services, Inc. (James) for breach of fiduciary duty. NASD arbitration ensued.
Court annexed mediation in Cook County By Michael Jordan Bench and Bar, May 2004 Mediation is a process whereby the parties are empowered by principled negotiation aided by the involvement of an impartial and non-decisional neutral who enhances communication and encourages collaborative problem solving that results in a voluntary settlement with improved relationships.
An update on mandatory arbitration in Cook County By Hon. Jacqueline P. Cox Bench and Bar, March 2003 The Mandatory Arbitration Program in all six of Cook County's Municipal districts is an alternative dispute resolution process for civil suits seeking monetary damages of $30,000 or less.
The wrong way to implement ADR By Robert E. Wells Alternative Dispute Resolution, November 2002 AT&T found out that there are limits to the manner in which a company may implement a Mandatory Arbitration Provision.
ADR happenings By Suzanne Schmitz Alternative Dispute Resolution, October 2000 A handbook for lawyers with practice checklists, published by the American Law Institute and the American Bar Association, has incorporated ADR into its materials.
Mediation styles By Suzanne Schmitz Alternative Dispute Resolution, March 2000 Lawyer-mediators in Virginia are now required to consult with disputants about the style of mediation the mediator uses and to record in a written agreement the parties' choices, including whether they wish to have the mediator use evaluative techniques.1
Illinois statutes create mediation programs but fail to define qualifications By Suzanne Schmitz and Peggy L. Reiman Alternative Dispute Resolution, November 1999 Numerous Illinois statutes refer to mediation, but seldom define mediation. Although not defined, the type of mediation described by the statute often conflicts with the contemporary understanding of mediation.
Summary of consumer due process protocol By John N. Cannon Alternative Dispute Resolution, January 1999 In recent years businesses have increasingly used standardized contracts to require ADR to resolve consumer disputes.