Publications

Section Newsletter Articles From Champ W. Davis, Jr.

Third-party discovery in arbitrations By Champ W. Davis Alternative Dispute Resolution, June 2010 Should parties be free to spell out the procedures they will abide by? Or should third-party discovery be eliminated altogether so that arbitration is faster and less costly? The Seventh Circuit has so far been split on the issue.
Chair’s column By Champ W. Davis, Jr. Alternative Dispute Resolution, June 2009 A note from Chair Champ Davis Jr.
Chair’s Column By Champ W. Davis, Jr. and Christine Polk Mohr Alternative Dispute Resolution, March 2009 A note from the ADR Section Chair.
Retention of jurisdiction to enforce a settlement agreement By Champ W. Davis, Jr. and Christine Polk Mohr Alternative Dispute Resolution, 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.
Chair’s Column By Champ W. Davis Alternative Dispute Resolution, October 2008 The ADR Council is off to a good start in the 2008-2009 Bar year. We have several new members—all of whom are actively involved in alternative dispute resolution.
Arbitration alternatives By Champ W. Davis, Jr. Alternative Dispute Resolution, October 2007 Arbitration is a common form of dispute resolution.
When is a settlement a settlement? By Champ W. Davis, Jr. Alternative Dispute Resolution, March 2006 Despite the wealth of case law enforcing oral settlements and the long-standing tendency of courts to favor compromise and settlement, the enforceability of an oral agreement reached at mediation appears to depend upon the location of the mediation.
Overcoming some common barriers to settlement By Champ W. Davis Alternative Dispute Resolution, May 2005 There are many roadblocks to the settlement of a legal dispute. Some are created by the lawyers and clients and arise from the tactics chosen by the negotiators or from the different perceptions each side has as to the value of its claims or defenses.
Enforceable settlement or unenforceable penalty? By Champ W. Davis, Jr. Alternative Dispute Resolution, December 2004 The rule that a liquidated damage provision is unenforceable if it is a "penalty" has been applied to settlement agreements in which one party has granted a "discount" to the other if the terms of the settlement are met in a timely fashion.

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