Publications

Articles on Alternative Dispute Resolution

Unsettled Settlements: Understanding Mediation Agreements

By Jonah Orlofsky
August
2013
Article
Page 418
Mediation is an alternative to litigation, but parties sometimes end up disagreeing about the mediation itself. Mediation agreements can help resolve those disputes.

Statutes of Limitation and Arbitration: Limiting Your Client’s Exposure

By Edward J. Underhill
May
2013
Article
Page 244
Don't assume that general statutes of limitation apply to Illinois arbitration claims - think about including a clause in your arbitration agreements to limit your client's exposure.

No judicial review until arbitration process is complete

April
2013
Illinois Law Update
Page 176
On January 22, 2013, the Illinois Appellate Court, First District, held that a dispute over a discovery order that arises in arbitration is not ripe for adjudication until a final award has been issued.

Two-year limitation on claim arbitration does not violate public policy

January
2013
Illinois Law Update
Page 16
On October 18, 2012, the Illinois Supreme Court held that a two-year contractual limitation on claim arbitration between an automobile insurer and its insured does not violate Illinois public policy, even when the incident giving rise to the claim occurred in a state with a longer statute of limitations.

Arbitration agreements unenforceable for lack of mutuality

November
2011
Illinois Law Update
Page 556
On August 18, 2011, the Appellate Court for the Fifth District of Illinois affirmed the circuit court's denial of a motion to compel arbitration.

Two-year limitation on claims under insurance policy violates Illinois public policy

November
2011
Illinois Law Update
Page 556
On August 30, 2011, the Appellate Court for the Third District of Illinois reversed a circuit court's denial of a motion to compel arbitration.

A trial de novo provision in an insurance policy did not violate public policy and was not unconscionable

July
2011
Illinois Law Update
Page 336
A provision allowing either party in an insurance contract to demand a de novo review by a trial court following arbitration is not unenforceable when it appears in an under-insured motorist policy according to a new holding from the Illinois Supreme Court.

Why Commercial Landlords Should Stop Worrying and Learn to Love Arbitration

By Shorge Sato
March
2011
Article
Page 144
The Illinois Supreme Court's Carter decision holds that arbitration provisions can trump the statutory right to a jury trial contained in the Forcible Entry and Detainer Act, this author argues.

Carter: A Victory for Consumer Arbitration in Illinois

By W. Eugene Basanta and Suzanne J. Schmitz
February
2011
Article
Page 88
The Illinois Supreme Court ruled that the Federal Arbitration Act trumps the Illinois Nursing Home Care Act, thus forcing residents into arbitration. What will the decision mean more broadly for arbitration agreements and consumers' rights?

Illinois Family Mediations: The Case Against Allowing GALs

By Suzanne J. Schmitz
November
2010
Article
Page 576
Because their presence may hinder family mediation, GALs should be excluded, the author argues.

New “substance of dispute” arbitration rules. PA 096-1476

November
2010
Illinois Law Update
Page 564
The general assembly has amended the Uniform Arbitration Act. (710 ILCS 5/8).

ADR and the New Rules: The Role of Third-Party Neutrals

By Thomas D. Cavenagh
September
2010
Column
Page 482
The ethical obligations of attorneys practicing as third-party neutrals.

Nonparty Discovery Under the Federal Arbitration Act

By Mitchell L. Marinello and John Haarlow Jr.
September
2010
Article
Page 476
The Federal Arbitration Act places sharp limits on a party's ability to obtain information from a nonparty, but it can be done. Here's a guide.

2010 Spring Session Roundup

By Jim Covington
August
2010
Column
Page 404
A summary of key Illinois legislation passed this spring.

The Mediation Option for Attorney Discipline Cases

By Mary Patricia Benz
May
2010
Article
Page 262
Are some disciplinary cases good candidates for mediation? This lawyer-mediator says "yes."

The right to argue whether a claim is subject to arbitration is waived if the party does not object in a timely manner

September
2009
Illinois Law Update
Page 444
On July 6, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County, confirming the arbitration award for the defendant and dismissing the plaintiff's motion to vacate the award.

Last Term’s United States Supreme Court Labor and Employment Decisions

By Michael Robert Lied and Joseph F. Tansino
December
2008
Article
Page 626
A survey of the United States Supreme Court's labor and employment rulings from the 2007-08 term.

Correspondence from Our Readers

March
2008
Column
Page 114
Warrior to peacemaker; ADR [is] an industry ;  Miller's mandatory penalty.  

ADR and the Image of Lawyers

By Joseph G. Bisceglia
January
2008
Column
Page 8
“Lawyer-peacemaker” is the right image for our profession.

Arbitration clause unconscionable where customer does not see agreement

September
2007
Illinois Law Update
Page 460
On July 10, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of St. Clair County finding the Customer Agreement between Charlotte Bess and DirecTV procedurally unconscionable and therefore unenforceable.

Melena and Mandatory Arbitration Agreements in Employment Contracts

By Andrew Harris
August
2007
Article
Page 418
A look at the Illinois Supreme Court's arbitration-friendly decision in Melena, complete with pointers for drafting or challenging arbitration clauses in its wake.

Arbitration panel exceeded its authority by ignoring plain language of contract

June
2007
Illinois Law Update
Page 292
On March 29, 2007, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County confirming an arbitration award in favor of the plaintiffs on the plaintiffs' claim that defendants had improperly terminated their management agreement for several apartment complexes. 

Arbitration Clauses: The Singular Approach in Cingular Wireless

By Jeffrey A. Parness
December
2006
Column
Page 678
The Illinois Supreme Court lays down the law on arbitration agreements.

The Misuse of Mediation in Joint Parenting Agreements

By Alison G. Turoff
October
2006
Article
Page 546
What happens when parties empower the mediator not only to help resolve disputes, but also to investigate and punish breaches of the agreement?

“You Have the Right to Avoid Litigation…”

By Hon. Ron Spears
August
2006
Column
Page 438
Should judges advise clients of their right to resolve their dispute before trial?

Mandatory arbitration agreements are binding on employees

June
2006
Illinois Law Update
Page 284
On March 23, 2006, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Fifth District, which held that mandatory arbitration agreements between employers and employees are only valid if entered into "knowingly and voluntarily" by the employee.

In mandatory arbitration, every minute counts

By Helen W. Gunnarsson
February
2006
LawPulse
Page 62
A plaintiff must go to the Illinois Appellate Court to overturn arbitrators' finding against him for arriving minutes late for his arbitration hearing. 

A Litigator’s Guide to Mediation

By James E. Sullivan and Arthur J. Murphy
January
2006
Article
Page 26
A Q&A from Cook County about how mediation works in civil cases and how it can reduce time and money spent.

Practical Lessons from the First Circuit Mediation Program

By Suzanne J. Schmitz
January
2006
Article
Page 30
Mediation of civil cases is also succeeding in the state's southern- most counties. find out why and how.

Correspondence from Our Readers

November
2005
Column
Page 554
Poor lawyer image - incivility not the culprit? Mediator as peacemaker.

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