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Newsletter articles from 2005
High-ranking Utah senator, Orrin Hatch, intends to propose a bill that would establish a federal property rights ombudsperson with the authority to order arbitration or mediation of government cases involving real estate disputes.
Wells Fargo announced late in August that it will discontinue its use of mandatory arbitration clauses in real estate loans.
Coming up in early December is a Joint ADR Conference entitled, "Coming Together for Peace."
In 2001, the National Conference of Commissioners on State Laws (NCCUSL) drafted the Uniform Mediation Act (UMA), which, if adopted in each state, would bring much-needed uniformity to mediation.
On February 25, 2005, the Illinois Senate passed on a new bill concerning the status of an Arbitrator in civil litigation.
Arbitration fees—Who pays?
One effective way to deal with the escalating cost of dispute resolution is to simply not pay the fees and costs involved.
Are mediation and neutral evaluation effective in civil cases?
How effective are mediation and neutral evaluation? Both mediation and neutral evaluation involve a neutral third party, who has no power over the parties; mediation, a process that helps facilitate communication between the parties, and neutral evaluation, a process in which the third party evaluates the strengths and weaknesses of the parties' cases, take place in court-connected programs.
An employee waived the right to arbitrate where he rejected an employer's demand for arbitration, stood idle, and then submitted a motion to compel arbitration only after the employer filed a complaint.
The Insured, Office Environment, Inc. filed a claim against the Insurer, Lake States Insurance, alleging failure to pay a claim.
Howard Colman owns Cronus Investments. Colman transferred Dew-All Services, Inc., a home-management business, to Concierge Services, LLC to which Colman has a 20 percent interest. Westrec Marina Management, Inc., owns the remaining of Concierge.
Recent cases of interest to ADR practitioners.
In August of 2002, Neal Anderson was injured in a traffic accident involving David Pineda. Anderson filed a complaint against Pineda to recover for the injuries suffered in the accident. Anderson also claimed that Pineda's negligence caused the accident.
In the process of building a dormitory on the campus of the University of Wisconsin Milwaukee's campus, a dispute arose between J.H. Finderoff & Sons (Finderoff) and their union workers over the proper use of Bobcat machinery.
I feel a great sense of pride and gratitude becoming the Chair of the Alternative Dispute Resolution Section for the year 2005-2006.
Each year, In the Alternative selects students with an interest in Alternative Dispute Resolution to serve as student editors.
Local programs update
All too often in recent times, disputants approach their disagreements on a scorched-earth basis. A take-no-prisoners, in-your-face attitude exists in many instances.
Mediation of financial issues in divorce
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.
Mediator certification: Good or bad?
Mediators facilitate conversations between parties and help them generate resolutions in numerous situations, but how do parties know if the mediator will be effective?
Message from the Chair
The ADR Section Council has been trying to get out the word that mediation has many advantages over litigation.
Message from the Chair: Let the debate continue
This Section Council looks forward to a healthy dialogue regarding the "best" style of mediation. Hopefully, the "debate" of this topic will expand our understanding of the dynamics of mediation and enhance our abilities and capabilities.
Ombudsmen: Part 1
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.
Ombudsmen: Part II
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.
Orders to mediate are not appealable
In a short and concise opinion, Short Brothers Construction, Inc. v. Korte & Luitjohan Contractors, Inc., et al., No. 02-L-61 (Fifth District April 12, 2005), the Illinois Appellate Court for the Fifth District recently held that a mediation order entered by a circuit court judge is not appealable under Supreme Court Rule 307.
Overcoming some common barriers to settlement
There are many roadblocks to the settlement of a legal dispute. Some are created by the lawyers and clients and arise from the tactics chosen by the negotiators or from the different perceptions each side has as to the value of its claims or defenses.
In the third edition of the Alternative Dispute Resolution Handbook from the ADR Section Council of Texas, we are given a comprehensive look at all aspects of ADR from several different authors.