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Alternative Dispute ResolutionThe newsletter of ISBA’s Section on Alternative Dispute Resolution

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Newsletter articles from 2008

Mediation: Obstacle or tool? (Insight to a Litigator) By Robert E. Wells, Jr. January 2008 Joe, a premier litigator, wondered how to respond to Judge Taylor’s request that one of his current cases be mediated.
Retention of jurisdiction to enforce a settlement agreement By Champ W. Davis, Jr. and Christine Polk Mohr December 2008 Attorneys often settle cases with dismissal orders which provide for dismissals “with prejudice” but which also provide that the court shall retain jurisdiction to enforce the settlement.
SEC approves revised FINRA rule on post-arbitration submissions By Julia Kucan December 2008 Under a new rule approved by the Securities and Exchange Commission (SEC), parties can submit additional information or documents after arbitration is closed under strict circumstances.
So you want to be a mediator? (Or, a better one?) By Robert E. Wells, Jr. January 2008 Susan wanted to be a mediator. She had been a judge for 19 years and planned to retire the next year.
Support mediators Who are candidates for political office October 2008 The EMPO Project is concerned about excessive partisanship and polarization in politics and government and was established to support the election of mediators and others who publicly advocate interest-based dispute resolution on their campaign Web sites.
Supreme Court to decide two cases involving Power of Arbitration Agreements By Ashley Crettol February 2008 There are currently two cases on the Supreme Court docket for the 2007-2008 term which question the power of arbitration clauses.
Texas courts permits disclosure of arbitration statements in civil suit By Alyssa Vincent October 2008 In Merlyn Knapp v. Wilson N. Jones Memorial Hospital, Wilson N. Jones Memorial Hospital fired its chief financial officer, Merlyn Knapp.    
U.S. Supreme Court holds parties may not contract for expanded judicial review of arbitration awards By Lawrence S. Schaner October 2008 In a much-anticipated decision, the U.S. Supreme Court held, on March 25, that parties may not by contract agree to expand the grounds for judicial review of arbitration awards beyond the limited grounds set forth in Sections 10 and 11 of the Federal Arbitration Act (“FAA”).
Working towards more successful environmental mediation (Part 1) By Kurt Kamrath April 2008 The practice of environmental mediation has numerous inherent benefits.
Working towards more successful environmental mediation (pt. 2) By Kurt Kamrath May 2008 In the initial part of this article, issues arising from the construction of an effective mediation process were explored in regards to environmental conflicts.