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

Browse articles by year: 2014 (26) 2013 (20) 2012 (50) 2011 (27) 2010 (38) 2009 (33) 2008 (40) 2007 (21) 2006 (38) 2005 (34) 2004 (14) 2003 (25) 2002 (33) 2001 (21) 2000 (37) 1999 (16)

Newsletter articles from 2014

An alternative to jail: How the judicial system is assisting women at risk By Jon Kingzette March 2014 The purpose of a Girls Court is to help prostitutes and other women at risk find comfort, come to terms with the fact that they were exploited, and try to prepare for a new life.
Arbitration vs. litigation: Conflicting clauses across countries By Abigail Van Hook July 2014 The conflicting clauses bring about problems that are only amplified in the global arena.
Book Review By Bianca T. Green March 2014 A review of Getting to Yes: Negotiating Agreement Without Giving In.
Case briefs By Jerremy Wiker July 2014 Recent cases of interest to ADR practitioners.
Case briefs By Brandon Sarkauskas and Jerremy Wiker May 2014 Recent cases of interest to ADR practitioners.
Case briefs By Kyler Juckins and Jerremy Wiker March 2014 Recent cases of interest to ADR practitioners.
Case briefs By Abigail Van Hook and Jerremy Wiker January 2014 Recent cases of interest to alternative dispute resolution practitioners.
Delaware’s struggle over confidential arbitration By Brandon Sarkauskas January 2014 The recent case of Delaware Coalition for Open Government v. Hon. Leo E. Strine, Jr, et. al poses a number of issues for state-sponsored arbitration programs.
Divorce Corp. movie underscores family court woes, collaborative law offers solution By Sandra Crawford March 2014 Although unexplored in the film, for more than 20 years now the practice of collaborative law has offered a highly desirable alternative for couples seeking a “kinder, gentler” divorce.
Foreclosure mediation has expanded to many parts of Illinois By Hon. Michael Jordan May 2014 The Cook County Circuit Court has created a mediation process to aid the assigned judges in addressing the legal, factual, and emotional issues facing tens of thousands of people being brought into court.
Girls Court shapes new ways to deal with at-risk youth By Brandon Sarkauskas March 2014 Crafted nearly two and a half years ago, the Girls Court aims at providing an alternative way to not only resolve conflict, but to prevent it.
Happenings By Tom Finnegan and Brandon Sarkauskas July 2014 Mediation updates from around the country.
Happenings By Tom Finnegan May 2014 Mediation updates from around the country.
Happenings By Abigail Van Hook March 2014 Mediation updates from around the country.
Happenings By Kyler Juckins and Tom Finnegan January 2014 Mediation updates from around the country.
Illinois appellate court holds arbitration agreement unconscionable By John R. Schleppenbach July 2014 It is notable that the Illinois Appellate Court in Potiyevskiy v. TM Transportation, Incorporated recently affirmed a trial court’s denial of a motion to compel arbitration based on the unconscionability of the arbitration clause.
ISBA unveils exciting new Member Directory! July 2014 Make sure the other members of the ISBA ADR Section know what sets you apart and can find you easily by activating your member directory profile today.
Mediation is not a panacea: The Ukrainian dilemma as a case study By Jon Kingzette and Kyler Juckins May 2014 What has been labeled a “crisis” in Ukraine is a clear example of an international conflict in which mediation can do little or nothing.
Nevada Supreme Court protects confidentiality in foreclosure mediation By Brandon Sarkauskas March 2014 Not only does the recent decision by Nevada’s Supreme Court affirm the confidential nature of the foreclosure mediation program, but it offers reassurance of confidentiality to others who may be interesting in pursuing mediation resolutions for other conflicts as well.
A new era of mediation By Tom Finnegan March 2014 In response to the foreclosure crisis, Illinois responded by enacting foreclosure mediation programs in some of Illinois’ largest counties, and these programs were widely successful. Is it illogical to think that the State of Illinois could benefit from enacting similar types of criminal mediation programs in the same counties?
Positions versus interests (Part II) By Robert E. Wells, Jr. January 2014 The second part of an article that was originally published in this newsletter in February 2013.
Potential role of a mediator in succession planning By Robert E. Wells, Jr. July 2014 A fictional encounter between a mediator and an attorney seeking to mediate a family succession plan.
Press release—Illinois Chapter of National Academy of Distinguished Neutrals launches new Web site for local law firms at March 2014 allows firms to quickly find a suitable neutral by identifying preferred practice criteria or dispute types, navigating straight to a roster of trusted local mediators and arbitrators.
Should a mediator be an attorney? By Jon Kingzette January 2014 There is nothing that bars attorneys from being mediators, and there is no law that should do such a thing.
What law governs the mediation privilege in federal cases? By Jonah Orlofsky May 2014 Two recent decisions show that the question of whether there is a mediation privilege in federal cases will differ depending upon the basis for jurisdiction.