Section Newsletters

Articles on ADR

ADR, DEI, and You By Allison K. Bethel Alternative Dispute Resolution, April 2024 Diversity, however defined, is lacking within the ADR field.
American Arbitration Association Issues Amended Mass Arbitration Rules By Jay Schleppenbach Alternative Dispute Resolution, April 2024 On January 15, the American Arbitration Association issued amended Mass Arbitration Supplementary Rules and new Consumer Mass Arbitration and Mediation Fee Schedules.
Getting to the Heart of the Matter: The Role of Mediation in Divorce By Marie Sarantakis Alternative Dispute Resolution, April 2024 Divorce is an area especially well-suited to mediation and other forms of alternative dispute resolution such as collaborative law. 
Insight Mediation: The Evolution of Mediation Theory and Practice By Sandra Crawford, J.D. Alternative Dispute Resolution, April 2024 Insight mediation helps parties tell their stories, explore underlying interests and concerns, and generate options for solving problems and reaching agreements.
ISBA ADR Section Council Member Profile: Marie Sarantakis Alternative Dispute Resolution, April 2024 A spotlight on Marie Sarantakis, member of the Alternative Dispute Resolution Section Council.
Mediation Regarding the Piano By Roza Gossage General Practice, Solo, and Small Firm, October 2023 An artificial intelligence-generated article outlining the steps for mediation based on an a real-life problem.
1 comment (Most recent October 26, 2023)
Mediation Regarding the Piano By Roza Gossage Alternative Dispute Resolution, August 2023 An artificial intelligence-generated article outlining the steps for mediation based on an a real-life problem.
ADR on the Bar!?!? By Allison K. Bethel Alternative Dispute Resolution, March 2023 Beginning in 2026, alternative dispute resolution skills will be tested on the bar exam.
Upcoming Events Alternative Dispute Resolution, March 2023 Upcoming events of interest.
Year in Review: Some Latest Supreme Court Decisions Involving Arbitration By Kristen E. Hudson & Andrew S. Becker Alternative Dispute Resolution, March 2023 An examination of important commercial arbitration decisions from 2022.
American Arbitration Association Amends Commercial Arbitration Rules By Jay Schleppenbach Alternative Dispute Resolution, January 2023 This past fall, the American Arbitration Association updated its Commercial Arbitration Rules and Mediation Procedures after a two-year internal review.
Upcoming Events Alternative Dispute Resolution, January 2023 Upcoming events of interest to ADR practitioners.
Spring 2022 Supreme Court Arbitration Cases Worth Noting By Deborah Soehlig Commercial Banking, Collections, and Bankruptcy, November 2022 Summaries of three recent arbitration decisions.
ISBA ADR Section Council Member Profile: Michael A. Zuckerman, Esq. By Missy Greathouse Alternative Dispute Resolution, October 2022 A spotlight on a member of the Alternative Dispute Resolution Section Council.
Navigating the International Waters of a Commercial Dispute: The Importance of the Arbitral Seat in International Arbitration By Kristen E. Hudson & Andrew S. Becker Alternative Dispute Resolution, October 2022 The fourth article in a series of articles examining various aspects of international commercial arbitration
Spring 2022 Supreme Court Arbitration Cases Worth Noting By Deborah Soehlig Alternative Dispute Resolution, October 2022 Summaries of three recent arbitration decisions.
Supreme Court Limits Federal Courts’ Ability to Order Discovery for International Arbitrations By Jay Schleppenbach Alternative Dispute Resolution, October 2022 For years, the United States circuit courts have split on the question of whether 28 U.S.C. § 1782, which permits parties to apply for discovery for use in a proceeding before a “foreign or international tribunal,” extends to private commercial arbitrations abroad.
The Need for Uniformity By Stephen B. Cohen Alternative Dispute Resolution, July 2022 A look at how the COVID-19 pandemic has changed the practice of law.
3 comments (Most recent August 1, 2022)
Seventh Circuit Rejects Award Interpretation Allowing Party to Delay Payment Indefinitely By Jay Schleppenbach Alternative Dispute Resolution, July 2022 In its recent decision in Nano Gas Technologies, Inc. v. Clifton Roe, the appellate court dealt with an arguably ambiguous award, but ultimately resolved any ambiguity without the need for remand to the arbitrator.
Case Briefs Alternative Dispute Resolution, March 2022 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Congress Passes Legislation Restricting Arbitration of Sexual Assault and Harassment Claims By Jay Schleppenbach Alternative Dispute Resolution, March 2022 Concerns that certain types of claims are ill suited for arbitration have led to the passage of federal legislation that actually amends the Federal Arbitration Act to give employees who are parties to arbitration agreements with their employers the option of bringing their claims of sexual assault or sexual harassment in arbitration or court.
Restorative Justice Update By Ashanti Madlock Henderson Alternative Dispute Resolution, March 2022 Updates on the restorative justice landscape.
Upcoming Events Alternative Dispute Resolution, March 2022 Upcoming events of interest.
Navigating the International Waters of a Commercial Dispute: Gathering Evidence in an International Arbitration By Kristen E. Hudson & Micaela L. Glass International and Immigration Law, February 2022 The third installment in a series of articles exploring international arbitration policy and procedure.
Former Judges as Mediators By Ron Spears Alternative Dispute Resolution, January 2022 One member's observations of mediation after retirement from the bench.
Navigating the International Waters of a Commercial Dispute: Gathering Evidence in an International Arbitration By Kristen E. Hudson & Micaela L. Glass Alternative Dispute Resolution, January 2022 The third installment in a series of articles exploring international arbitration policy and procedure.
Supreme Court Set to Weigh in on Prejudice Requirement for Waiver of Arbitration Rights By Jay Schleppenbach Alternative Dispute Resolution, January 2022 It is well-established that the right to arbitrate claims rather than have them heard in the court system, like other contractual rights, can be waived. But determining when that waiver has occurred has not always been clear cut.
What the Fika? By H. Case Ellis Alternative Dispute Resolution, January 2022 The ADR Section Council has started having "Fika" get-togethers.
Navigating the International Waters of a Commercial Dispute: Tips for Selecting Arbitrators in an International Arbitration By Kristen E. Hudson & Micaela L. Glass International and Immigration Law, December 2021 The second installment in a series of articles exploring international arbitration policy and procedure.
Bankruptcy Court Lifts Automatic Stay to Permit Arbitration of Non-Core Claims By Jay Schleppenbach Commercial Banking, Collections, and Bankruptcy, November 2021 In cases involving both a bankruptcy and an arbitration agreement, courts have to analyze whether enforcing a valid arbitration agreement would inherently conflict with the underlying purposes of the Bankruptcy Code.

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