Section Newsletter Articles on Alternative Dispute Resolution

Conflict Resolution Day is October 19, 2017 Law Related Education for the Public, October 2017 Learn more about the Association for Conflict Resolution and its upcoming Conflict Resolution Day.
Learning essential steps to conflict resolution is for everyone By Sandra Crawford Bench and Bar, July 2017 What we can learn from the book, The Eight Essential Steps to Conflict Resolution by Dudley Weeks.
Case briefs By Upasna Barath, Ann Nenoff, and Hubert Zanczak Alternative Dispute Resolution, June 2017 Recent cases of interest to ADR practitioners.
Circuit court ruling is a warning against burying arbitration clauses By Ann Nenoff Alternative Dispute Resolution, June 2017 In Noble v. Samsung Electronics Am., Inc., the U.S. Third Circuit Court handed down a ruling which could serve as a warning against businesses or companies thinking about burying their arbitration clause.
The Federal Arbitration Act versus the Consumer Financial Protection Bureau: The future of arbitration clauses banning class action lawsuits By Thomas D. Cavenagh Federal Civil Practice, June 2017 Perhaps, given the precipitous decline of the number of trials taking place, we ought to begin thinking of the adversarial system as the alternative to the range of ADR processes presently available.
The Federal Arbitration Act versus the Consumer Financial Protection Bureau: The future of arbitration clauses banning class action lawsuits By Thomas D. Cavenagh Alternative Dispute Resolution, June 2017 Perhaps, given the precipitous decline of the number of trials taking place, we ought to begin thinking of the adversarial system as the alternative to the range of ADR processes presently available.
Happenings By Upasna Barath Alternative Dispute Resolution, June 2017 Recent ADR updates from around the country.
Justices criticize state law invalidating arbitration agreements signed under power of attorney By Herbert Zanczak Alternative Dispute Resolution, June 2017 The SCOTUS just released a reversal in Kindred Nursing v. Clark, slamming the Kentucky Supreme Court for an attempt to create law which improperly targets arbitration agreements.
Learning essential steps to conflict resolution is for everyone By Sandra Crawford Alternative Dispute Resolution, June 2017 What we can learn from the book, The Eight Essential Steps to Conflict Resolution by Dudley Weeks.
To arbitrate or to not arbitrate—That is the question By Hon. Fred Foreman, (Ret.) and Kathleen A. Ehrhart Bench and Bar, June 2017 If a party decides arbitration is its preferred method of dispute resolution there are also a number of things it should consider in terms of how it drafts and negotiates an arbitration provision in any contract it enters into.
U.S. Ninth Circuit rules on deceitful conduct by an arbitrator By Ann Nenoff Alternative Dispute Resolution, June 2017 In the case Move Inc., v. Citigroup Global Markets, Inc., the Ninth Circuit Court of Appeals reversed a district court’s refusal to vacate an arbitration award for improper conduct by the arbitrator.
Case briefs By Upasna Barath, Ann Nenoff, and Hubert Zanczk Alternative Dispute Resolution, April 2017 Recent cases of interest to ADR practitioners.
Happenings By Upasna Barath Alternative Dispute Resolution, April 2017 Events and updates from around the country.
NLRB general counsel issues memo following certiorari grant By Ann Nenoff Alternative Dispute Resolution, April 2017 As a result of the Court’s recent grant of certiorari, the general counsel for the National Labor Relations Board released a memorandum to the agency’s regional offices about how the pending Murphy Oil case could impact similar pending cases at the NLRB.
Supreme Court to consider legality of arbitration agreements containing class action waivers under NLRA By John R. Schleppenbach Alternative Dispute Resolution, April 2017 The United States Supreme Court appears poised to resolve a circuit split over whether workplace arbitration agreements containing class and collective action waivers are enforceable under the Federal Arbitration Act and the National Labor Relations Act, having granted certiorari in three consolidated cases in January 2017.
Navigating mandatory arbitration in Cook County’s Law Division, Commercial Calendar Section By Nicole M. Anderson Labor and Employment Law, February 2017 In Cook County, a recent change in the Law Division now sends cases originally destined for trial within the Law Division to mandatory arbitration--but not the mandatory arbitration you’re used to.
Case briefs Alternative Dispute Resolution, January 2017 Recent decisions of interest to ADR practitioners.
Civil procedure – Arbitration, lack of documentation By Ann Nenoff Alternative Dispute Resolution, January 2017 Without an adequate record to review the arbitrator’s findings and analyze his legal reasoning, the court must assume that the award conformed with the law.
Happenings By Upasna Barath Alternative Dispute Resolution, January 2017 Events and updates from around the country.
Successful mediation in complex environmental cases By Suheily Ortiz Alternative Dispute Resolution, January 2017 Environmental disputes are the most difficult and complex to resolve through mediation. Here's what you need to know.
Tenth Circuit declines to compel arbitration due to conflicts in arbitration agreements By John R. Schleppenbach Alternative Dispute Resolution, January 2017 The Tenth Circuit’s recent decision in Ragab v. Howard declined to enforce several arbitration agreements because the different procedures specified in the different clauses suggested there had been no meeting of the minds as to the desire to arbitrate.
Case briefs By Ann Nenoff, Hubert Zanczak, Suheily Ortiz, and Upasna Barath Alternative Dispute Resolution, October 2016 Recent cases of interest to ADR practitioners.
Celebrating ADR By Sandra Crawford Alternative Dispute Resolution, October 2016 This year’s celebration of Mediation Week will take place between October 16th and 22nd.
Choice of ADR method By Robert E. Wells, Jr. Alternative Dispute Resolution, October 2016 The following checklist was prepared by Robert E. Wells, Jr. and was included in his presentation – “Mediation and Alternative Dispute Resolution: An Alternative to Litigation” at the Elder Law Bootcamp presented in April, 2016.
Fourth Circuit declines to enforce arbitration agreement purporting to waive application of federal law By John R. Schleppenbach Alternative Dispute Resolution, October 2016 The Fourth Circuit in Hayes v. Delbert Services Corporation recently declined to enforce an arbitration clause on the grounds that it contained a waiver so extreme that it rendered the arbitration remedy essentially illusory.
Happenings By Upasna Barath, Ann Nenoff, and Suheily Ortiz Alternative Dispute Resolution, October 2016 Events and updates from around the country.
ISBA Alternative Dispute Resolution seminar on police/community relations By Hon. Ann Breen Greco Alternative Dispute Resolution, October 2016 A summary of this section's recent CLE program, “Police/Community Relations: the Role of Restorative Justice in Addressing Conflicts.”
Let’s talk about talking – Communication between the sexes By Hubert Zanczak Alternative Dispute Resolution, October 2016 Men and women utilize language for different purposes... how does this shape the outcome of mediation, where communication is so important?
Response to “Taking on Mandatory Arbitration at For-Profits” By Mark Rouleau Alternative Dispute Resolution, October 2016 Author Mark Rouleau offers his perspective on an article published in the June issue of this newsletter.
Third-party discovery in arbitration By Hubert Zanczak Alternative Dispute Resolution, October 2016 What do you do if a crucial third-party witness will not appear for a deposition without a court-order?