Case BriefsBy ADR Section CouncilAlternative Dispute Resolution, November 2025Summaries of recent case decisions that may impact forms of alternative dispute resolution, including waiving arbitration in class action suits, enforcing arbitration agreements under third-party beneficiary theory, the consequencse of failing to comply with arbitral administrator's rules, severing unconscionable portions of arbitration clause agreements, and more.
Expanding the Reach of Mediation: The State-Wide Vision of the Southern California Mediation Association (SCMA)By Judge Ann Breen-GrecoAlternative Dispute Resolution, November 2025The Southern California Mediation Association (SCMA) may be paving the way for expansion of mediation services. Recently, the SCMA has evolved from a regional to a state-wide organization, positioning itself as the largest mediation organization in California, and expanding access to mediation services within the state.
Getting Help: It’s OKAlternative Dispute Resolution, November 2025Resources for lawyers who are struggling with substance abuse issues or mental health conditions.
Supreme Court Rejects “Minimum Contacts” Requirement To Enforce Arbitration Awards Against Foreign StatesBy Jay SchleppenbachAlternative Dispute Resolution, November 2025The Supreme Court’s recent decision in Devas illustrates the pro-arbitration leaning of the United States legal system. Companies that arbitrate in the United States and abroad should take comfort that this remains a favorable jurisdiction to seek enforcement of arbitration awards, even where those awards involve foreign states or state-owned entities.
What Is the Remote Practice of Law?By Stephen B. CohenRural Practice, October 2025In this article, the author emphasizes and describes how a major event affecting all aspects of society has changed many traditional aspects of the practice of law.
Case BriefsBy ADR Section CouncilAlternative Dispute Resolution, August 2025Summaries of federal cases dealing with issues ranging from motions to compel arbitration, illusory arbitration agreements, delegation clauses, and more!
AI and Law: An Opportunity to Improve Legal PracticeBy Damien RiehlAlternative Dispute Resolution, February 2025Recent exponential leaps in advanced large language models have presented both opportunities and challenges that have the capacity to reshape the legal landscape.
Case BriefsBy ADR Section CouncilAlternative Dispute Resolution, February 2025Summaries of written decisions issued in five cases of interest to ADR practitioners.
The Law: A Proverbial Hammer or Shield in Collaborative Practice?By Sandra Crawford, J.D.Alternative Dispute Resolution, February 2025The Collaborative Process aims to help clients find customized solutions that meet their self-identified needs while understanding the legal framework. In collaborative law, transparency is crucial in fostering effective conflict resolution. It involves openly sharing information, including legal perspectives and potential outcomes, with all participants.
Case BriefsBy ADR Section CouncilAlternative Dispute Resolution, January 2025Summaries of written decisions issued in nine cases of interest to ADR practitioners.
CFPB Permanently Bans Company from Arbitrating Consumer Financial DisputesBy Jay R. SchleppenbachAlternative Dispute Resolution, January 2025The federal government exercises oversight over arbitration, for instance through legislation exempting certain classes of disputes from arbitrationor delegating to agencies the power to regulate arbitration clauses in certain types of contracts. In October 2024, a more obvious form of oversight came to public view when the Consumer Financial Protection Bureau entered a consent order permanently banning Ejudicate, Inc. from arbitrating consumer financial disputes.
Development of the Restorative Justice Movement in Northern IrelandBy Judge Ann Breen-GrecoAlternative Dispute Resolution, January 2025Restorative justice as a concept dates back centuries, emphasizing accountability, reparations, and community engagement over punishment. It focuses on repairing harm caused by crime through dialogue and understanding among affected parties. In Northern Ireland, the adoption of restorative practices was shaped significantly by the aftermath of “The Troubles.” Communities felt that traditional punitive approaches, especially those implemented by the British-controlled judicial system, often exacerbated mistrust and division rather than healing.
What Is the Remote Practice of Law?By Stephen B. CohenAlternative Dispute Resolution, January 2025In this article, the author emphasizes and describes how a major event affecting all aspects of society has changed many traditional aspects of the practice of law.
Case BriefsBy ADR Section CouncilAlternative Dispute Resolution, November 2024Summaries of written decisions issued in nine cases of interest to ADR practitioners.
Jordan Chiles Olympics Controversy Highlights Arbitral IssuesBy Jay R. SchleppenbachAlternative Dispute Resolution, November 2024On August 10, 2024, United States Olympic gymnast Jordan Chiles made headlines when the Court of Arbitration for Sport (CAS) overturned her bronze-medal finish in the gymnastics floor exercise finals of the Paris Olympics and instead held that bronze should be awarded to a Romanian gymnast. Chiles has appealed the CAS’s decision to the Swiss Supreme Court. Whatever the merits of that appeal may be, the controversy has brought arbitration issues into the limelight in an interesting way.
New Federal Reporting Requirement for Your Law Firm This YearBy Annette FernholzAlternative Dispute Resolution, November 2024A new rule under the Corporate Transparency Act now requires many businesses in the United States, including small law firms, to report information about who ultimately owns or controls them to the Financial Crimes Enforcement Network.
Capping Arbitration: India’s Contentious Policy ShiftBy Menaka SawhneyAlternative Dispute Resolution, September 2024A critical examination of India’s recently released office memorandum, “Guidelines for Arbitration and Mediation in Contracts of Domestic Public Procurement.”
Case BriefsAlternative Dispute Resolution, September 2024Summaries of written decisions issued in seven cases of interest to ADR practitioners.
If Tomorrow Never Comes …. (A message to my judicial colleagues)By Hon. April TroemperBench and Bar, September 2024LIFE IS A GIFT. Each of us was born in this moment in time … not a hundred years ago, but now. Who we encounter, what we do, where we go, what we say, how we treat others professionally and personally … it all matters.
A Tale of Two LicensesBy Michael G. CortinaBench and Bar, September 2024“No person shall be eligible to be a Judge or Associate Judge unless he is a United States citizen, a licensed attorney-at-law of [Illinois], and a resident of the unit which selects him.”
Upcoming EventsAlternative Dispute Resolution, September 2024Mark your calendars for an upcoming video replay of a Master Series CLE event presented by the ISBA.
