Section Newsletters

Articles on ADR

ABA Section of Dispute Resolution Alternative Dispute Resolution, June 2002 The ABA Section of Dispute Resolution has noted the wide range of views expressed by scholars, mediators, and regulators concerning the question of whether mediation constitutes the practice of law.
ADR update Alternative Dispute Resolution, June 2002 Beginning May 1, 2002, a new rule of the U.S. Court of Federal Claims allows voluntary use of alternative dispute resolution, specifically mediation, settlement conferences and non-binding arbitration.
Case law update By David Adkison Alternative Dispute Resolution, June 2002 United Transport Union sought to enforce an arbitration award pursuant to an act that established arbitration must be used in certain types of grievances
Subject index to substantive articles in volumes 36, 37, 38 & 39 of The Corporate Lawyer Corporate Law Departments, June 2002 * An in-house counsel's guide to dealing with cybersquatters--part I (ICCAN's Uniform Domain Name Dispute Resolution Policy)
ADR update: Alternative Dispute Resolution, May 2002 On March 4, the Virginia Senate approved unanimously a bill that would provide immunity from civil liability to mediators and expand confidentiality protections to include mediation communications in proceedings connected to the court.
Arbitration of uninsured/ underinsured claims By Robert H. Hanaford Alternative Dispute Resolution, May 2002 To obtain an understanding of the law concerning uninsured/underinsured (UIM) arbitration, it is essential to become familiar with the relevant insurance contract provisions as well as the statutory provisions.
Case law update By David Adkison Alternative Dispute Resolution, May 2002 Richard Bass owned 49 percent of SMG, Inc., while David Shapiro owned 51 percent of the voting stock in Innovative Consultants, Inc. (IC).
The New Illinois Supreme Court Rule 99 “mediation programs” By Judy L. Hogan Alternative Dispute Resolution, May 2002 In April 2001, the Illinois Supreme Court entered an Order, effective immediately, entitled, "New Rule 99, Mediation Programs."
ADR update Alternative Dispute Resolution, March 2002 On February 4, the American Bar Association House of Delegates passed the Uniform Mediation Act with 537 votes.
Breaking impasses in settlement conferences: five techniques for resolution Part III: splitting the difference By Hon. Morton Denlow Alternative Dispute Resolution, March 2002 Parties frequently reach a stalemate while relatively close to a settlement figure.
Case law update By David Adkison Alternative Dispute Resolution, March 2002 This case involves an employee who signed a binding arbitration agreement as part of his employment application
Representing clients in mediation: the “missed” opportunity By Erwin I. Katz Alternative Dispute Resolution, March 2002 No lawyer would ever have the audacity to attempt to represent a client at trial, or at any dispositive motion without adequate preparation.
When experts collide: revisited private By Stanley P. Sklar Alternative Dispute Resolution, March 2002 Recently I was chair of a panel hearing a case relating to a lease dispute that required the testimony of expert witnesses testifying about complex accounting issues.
ADR happenings Alternative Dispute Resolution, February 2002 The Association for Conflict Resolution (ACR) was created when the Academy of Family Mediators (AFM), the Conflict Resolution Network (CREnet) and the Society for Professionals in Dispute Resolution (SPIDR) officially merged in January of 2001. A
Breaking impasses in settlement conferences: five techniques for resolution. Part II: recommending a specific number By Hon. Morton Denlow Alternative Dispute Resolution, February 2002 Although my settlement conferences are always begun as a facilitative mediation, I am not reluctant to suggest a single settlement number when an impasse arises and both parties desire my input.
Case law update By David Adkison Alternative Dispute Resolution, February 2002 A pre-dispute agreement signed by both Cavalier and Jackson stated that punitive damage compensation was prohibited
Chair’s column Alternative Dispute Resolution, February 2002 The Future of the Illinois Courts Conference scheduled for spring of this year will present a wonderful forum for attorneys and the courts to discuss where we are and where we hope to be.
Editor’s note Alternative Dispute Resolution, February 2002 We welcome and are grateful for contributions to this newsletter from members of the section.
The settlement conference program U.S. Court of Appeals for the Seventh Circuit Alternative Dispute Resolution, February 2002 Pursuant to FRAR Rule 33, the court conducts conferences to encourage and facilitate the settlement of civil appeals.
Should Illinois adopt the RUAA? By Michael Wise Alternative Dispute Resolution, February 2002 The National Conference of Commissioners on Uniform State Laws has revised the Uniform Arbitration Act.
Upcoming events Alternative Dispute Resolution, February 2002 February 28- March 2, Savannah.
Breaking impasses in settlement conferences: five techniques for resolution Part I: creating a range By Hon. Morton Denlow Alternative Dispute Resolution, November 2001 Being able to break impasses between parties is often the true test of judge during settlement conferences.
Chair’s Column Alternative Dispute Resolution, November 2001 The Alternate Dispute Resolution Section Council anticipates a year of progress and innovation.
The NASD launches a Single Arbitrator Pilot Program for arbitration claims between $50,000.01 and $200,000 By Andrew J. Stoltmann Alternative Dispute Resolution, November 2001 On February 15, 2000, the Securities and Exchange Commission approved Rule 10336 and added it to the NASD Code of Arbitration Procedure
HB 812 analysis Alternative Dispute Resolution, June 2001 Amends the Unemployment Insurance Act by repealing section 1200, which provides for: (1) That no fee may be charged a claimant in a proceeding under the Act by the Director; (2) that claimants may be represented by counsel in any administrative proceeding; and (3) that specified violations of section 1200 are Class A misdemeanors.
Case law update By Christine O’Reilly Alternative Dispute Resolution, May 2001 Merrill Lynch Life Agency (MLLA) is a wholly owned subsidiary of Merrill Lynch, Pierce, Fenner & Smith, Inc. (MLPF&S), a broker-dealer
Chair’s Column Alternative Dispute Resolution, May 2001 The Uniform Mediation Act is now in its final draft. Apparently the plan is for the draft to be submitted to the annual meeting of the National Conference of Commissioners on Uniform State Laws (NCCUSL) in August 2001.
Legislative update Alternative Dispute Resolution, May 2001 The Illinois Supreme Court has recently unveiled a new rule relating to the use of mediation programs in courts across the state
Mediation in matrimonial matters Alternative Dispute Resolution, May 2001 Question: May an attorney engaged in matrimonial mediation draft file a separation agreement and divorce papers that incorporate terms agreed upon by the marital parties in the course of the mediation?
Print resources By Christopher R. Drahozal Alternative Dispute Resolution, May 2001 "The article reexamines the most common academic criticisms of 'mandatory' arbitration of consumer disputes.

Select a Different Subject