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Newsletter articles from 2007
Recent cases of interest to ADR practitioners.
Bono brought a defamation suit against David relating to a joint development project.
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.
Subscribers entered into cable television contracts with Comcast. Comcast mailed notices that modified the contracts to include an arbitration clause.
Welcome to the 2007-08 ISBA Alternative Dispute Resolution Section Council season. I want to begin by thanking ISBA President Joseph Bisceglia for appointing me as this year’s section council chair.
This has been an exciting and successful year for our Section Council. Our first seminar concentrated on different forms and methods of Civil Case Mediation, Mediation Ethics and views from the Bench and Bar relating to the Supreme Court enabling legislature for the Cook County Local ADR Rules and the Uniform Mediation Act.
Domestic ADR Happenings
The State Bar of Texas’ ADR section is drafting new legislation to eliminate the confusion regarding appellate motions for state and federal cases.
We welcome and are grateful for contributions to this newsletter from members of the section.
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.
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 ADR happenings
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.
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
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
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.