Publications

Articles on Alternative Dispute Resolution

Procedural and practice rules promulgated for voluntary mediation of public utility disputes

March
2005
Illinois Law Update
Page 116
  The Illinois Commerce Commission recently adopted 83 Ill Adm Code 201, dealing with voluntary mediation practice in the resolution of public utilities disputes. 

Class Actions in Arbitration

By Thomas J. Cunningham
October
2004
Article
Page 532
Are provisions in arbitration agreements that expressly prohibit class arbitration enforceable in Illinois? A look at recent developments.

Disbursement, within the meaning of section 14 of the Arbitration Act, does not include an award of attorney’s fees

September
2004
Illinois Law Update
Page 456
On June 14, 2004, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's denial of a petition for attorney's fees.

Out-of-state lawyers OK’d for Illinois arbitrations

By Helen W. Gunnarsson
April
2004
LawPulse
Page 170
The first district holds that lawyers who aren't licensed in Illinois can nonetheless represent clients in Illinois-based arbitrations.

The Uniform Mediation Act: Illinois’ Newest Privilege

By Sarah E. Cook and Sheryl E. Healy
February
2004
Article
Page 92
A look at this new law, which should make mediation a more attractive alternative to litigation.

Uniform Mediation Act comes to Illinois

By Helen W. Gunnarsson
January
2004
LawPulse
Page 10
Illinois' Uniform Mediation Act; one of two such state Acts nationwide; took effect January 1.

Correspondence from Our Readers

December
2003
Column
Page 590
"Incorrect assumptions" about involuntary psychiatric treatment.

Making UIM arbitration awards binding in more cases

By Helen W. Gunnarsson
November
2003
LawPulse
Page 544
Effective January 1, an ISBA-backed bill more than doubles the statutory limits on binding arbitration awards in UIM cases, reducing the incentive for insurers to reject them.

Mediation procedures for telephone customers implemented

March
2003
Illinois Law Update
Page 116
On January 1, 2003, the Illinois Commerce Commission (commission) adopted new rules relating to the administration and implementation of its mediation program for solving the disputes of telephone customers in title 83 of the Illinois Administrative Code.

From Advocate to Peacemaker: Qualities and Techniques of the Successful Mediator

By Richard M. Calkins and Fred Lane
November
2002
Article
Page 594
Pointers for lawyers about how to play the peacemaker role.

A Guide to EEOC Mediations

By Mary B. Manzo
November
2002
Article
Page 607
Pointers about the EEOC program from the Chicago office's ADR coordinator.

A Lawyer’s Guide to Preparing Clients for Family Law Mediation

By Frank V. Ariano
November
2002
Article
Page 600
Practical suggestions for lawyers representing clients who mediate custody, visitation, and other family law issues.

Mediation: A Nonadversarial Alternative to a Win-Lose System

By Robin Hoberman
November
2002
Article
Page 588
Common-sense tips to follow before and during mediation.

A Personal Guide to Mediation Training Programs

By Hon. Charles R. Winkler
November
2002
Article
Page 609
A program attendee reports on a pair of mediation training programs.

New 7CA limits on arbitration agreements

By Helen W. Gunnarsson
June
2002
LawPulse
Page 282
Employer-employee arbitration agreements that require each party to pay its own attorney fees in civil rights and sexual harassment cases are unenforceable, the seventh circuit rules.

Making mediation work

By Helen W. Gunnarsson
March
2002
LawPulse
Page 114
Experienced lawyer-mediators offer tips for getting the most out of this increasingly popular alternative to litigation.

The Lawyer’s Journal

By Bonnie C. McGrath
September
2001
Column
Page 450
Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
June
2001
Column
Page 282
Knock-off alert for real estate contract; new Supreme Court Rule 99; time is money, and thus compensable; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
May
2001
Column
Page 226
Arbitration clauses in employment contracts are enforceable; visit the Illinois Supreme Court Web site; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
April
2001
Column
Page 166
Police can keep suspects out of their own homes; adoption by one spouse only; arbitration clauses and fee agreements; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
November
2000
Column
Page 620
A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.

A New Way to Resolve International Business Disputes in Illinois

By Peter V. Baugher and Steven M. Austermiller
October
2000
Article
Page 582
The Chicago International Dispute Resolution Association provides our region with a new arbitration forum. Find out more.

Preparing Your Clients for Parenting and Financial Mediation

By Don C. Hammer and Debra Sudduth
August
2000
Article
Page 469
How to help your client make the most of mediation.

The Lawyer’s Journal

By Bonnie C. McGrath
June
2000
Column
Page 308
Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.

Illinois’ Court-Annexed Mandatory Arbitration: A Review of the Cases

By Timothy W. Kelly and Amy L. Mobley
March
2000
Article
Page 150
A practitioner's guide to recent Illinois mandatory-arbitration decisions.

The Lawyer’s Journal

By Bonnie McGrath
January
2000
Column
Page 10
Losing the right to a jury trial — is it malpractice?

The Lawyer’s Journal

By Bonnie McGrath
March
1999
Column
Page 126
The "Frye plus reliability'' standard.

The Lawyer’s Journal

By Bonnie McGrath
December
1998
Column
Page 658
RICO and privacy and fraud (and family law), oh my!

Union employee lacks standing to challenge an arbitration award absent allegations that the union breached its duty of fair representation

December
1998
Illinois Law Update
Page 662
On September 24, 1998, the Illinois Supreme Court affirmed the appellate court's holding that a union employee covered by a collective-bargaining agreement does not have standing to challenge an arbitration award in circuit court unless the employee has alleged that the union breached its duty of fair representation.

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