Section Newsletters

Articles on Alternative Dispute Resolution

Happenings By Raine Odom & Reagan Quynn Alternative Dispute Resolution, May 2019 Recent ADR events and updates from around the country.
New legislation proposed to end mandatory arbitration in consumer and employee cases By Madeline Derango Alternative Dispute Resolution, May 2019 In February, new legislation to prohibit the use of mandatory arbitration clauses in employee and consumer disputes was proposed.
Technology and ADR By Madeline Derango Alternative Dispute Resolution, May 2019 Artificial intelligence has the potential to drastically change international arbitration, which poses unique challenges for arbitrators.
Association of attorney-mediators files amicus memorandum to protect mediation confidentiality By Robert Berliner Alternative Dispute Resolution, April 2019 Our mediation community must be vigilant in responding to threats to confidentiality of mediation communications.
Canadian court deems Uber arbitration clause invalid By Reagan Quynn Alternative Dispute Resolution, April 2019 In early January, a Canadian appellate court declared the arbitration clause for Uber drivers invalid.
Environmental law: Review of ‘Environmental Disputes, Community Involvement in Conflict Resolution’ By Kel Goff Alternative Dispute Resolution, April 2019 A summary of the book "Environmental Disputes, Community Involvement in Conflict Resolution" by James E. Crowfoot and Julia M. Wondolleck.
First circuit declines to order arbitration due to lack of evidence blind plaintiffs were aware of arbitration clause By John R. Schleppenbach Alternative Dispute Resolution, April 2019 The first circuit’s decision in National Federation of the Blind v. The Container Store, Inc. serves as a caution that arbitration clauses should be made conspicuous to ensure their enforceability.
Happenings By Raine Odom Alternative Dispute Resolution, April 2019 Recent ADR events and updates from around the country.
National Coalition on Dialogue and Deliberation By Missy Greathouse Alternative Dispute Resolution, April 2019 An interview with Courtney Breese, the managing director of the National Coalition on Dialogue and Deliberation.
New Jersey legislature passes legislation barring mandatory arbitration of discrimination claims By Jay Schleppenbach Alternative Dispute Resolution, April 2019 New Jersey's legislature recently passed a bill that would prohibit employers from enforcing mandatory pre-dispute arbitration provisions.
Social justice: ‘Justice on Both Sides’ By Reagan Quynn Alternative Dispute Resolution, April 2019 A summary of the book "Justice on Both Sides."
Technology and ADR: Data breaches - Class action waivers and consumer concerns By Madeline Derango Alternative Dispute Resolution, April 2019 As corporations, consumers, and everyday people have taken life online, personal data has become more vulnerable to cyber crimes.
The United States-Mexico-Canada Agreement By Reagan Quynn International and Immigration Law, February 2019 An overview of the United States-Mexico-Canada Agreement.
American Bar Association Women in Dispute Resolution By Judge Ann Breen-Greco Alternative Dispute Resolution, December 2018 The goals and objectives of the ABA's Women in Dispute Resolution.
Case briefs By Hannah Friedle Alternative Dispute Resolution, December 2018 Recent cases of interest to ADR practitioners.
Environmental law column By Kel Goff Alternative Dispute Resolution, December 2018 The use of conflict resolution in finding a solution that benefits both the planet and those in distress is critical in energy and environmental law.
Happenings By Reagan Quynn & Hannah Friedle Alternative Dispute Resolution, December 2018 Recent ADR events and updates from around the country.
Restorative justice and survivors By Reagan Quynn Alternative Dispute Resolution, December 2018 Restorative justice could be an effective tool in providing closure to both survivors—and, in some cases, perpetrators—of sexual assault.
The seventh circuit allows courts to decide whether a class action claim exists in an agreement By Samatha Hasiewicz Alternative Dispute Resolution, December 2018 In Herrington v. Waterstone Mortgage Corp., the seventh circuit determined that it is up to the court to decide if a class or collective action claim is permitted by an arbitration agreement.
Technology and alternative dispute resolution By Madeline Derango Alternative Dispute Resolution, December 2018 A review of the book The New Handshake: Online Dispute Resolution and the Future of Consumer Protection and summaries of recent technology ADR cases.
United States Supreme Court oral argument review: New Prime v. Oliveira By Hannah Friedle Alternative Dispute Resolution, December 2018 A summary of New Prime Inc. v. Oliveira, which centered around the term “contracts of employment.”
The United States-Mexico-Canada Agreement By Reagan Quynn Alternative Dispute Resolution, December 2018 An overview of the United States-Mexico-Canada Agreement.
Case briefs By Hannah Friedle, Madeline Derango, Raine Odom, Samantha Hasiewicz, & Reagan Quynn Alternative Dispute Resolution, November 2018 Recent cases of interest to ADR practitioners.
Happenings By Raine Odom Alternative Dispute Resolution, November 2018 Recent ADR events and updates from around the country.
1 comment (Most recent April 11, 2019)
Inaccessibility suggests illegitimacy when it comes to arbitration agreements By Samantha Hasiewicz Alternative Dispute Resolution, November 2018 A number of the recent issues examined in the courts indicate a growing need for increased accessibility when it comes to arbitration agreements.
Social justice By Reagan Quynn Alternative Dispute Resolution, November 2018 An introduction to In the Alternative's social justice column.
The Uber conundrum: Hyperlinks, in-app agreements, and arbitration By Madeline Derango Alternative Dispute Resolution, November 2018 As Uber has learned this year, hyperlink design can be the difference between a binding and non-binding arbitration agreement.
U.S. Supreme Court agrees to hear Lamps Plus, Inc. v. Varela By Madeline Derango Alternative Dispute Resolution, November 2018 The U.S. Supreme Court agreed to hear Lamps Plus, Inc. v. Varela after the ninth circuit found that, under California law, ambiguity concerned class arbitration in a contract may be construed against the drafter.
U.S. Supreme Court grants certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. By Samantha Hasiewicz Alternative Dispute Resolution, November 2018 The U.S. Supreme Court granted certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. after the fifth circuit found that if an arbitrability claim is “wholly groundless,” there is a narrow exception that allows the courts to make the decision. 
What every Illinois estate planner should know about elder mediation (part 1) By Roselyn L. Friedman Alternative Dispute Resolution, November 2018 Mediation can be a helpful tool for managing family disputes while protecting the lawyer from unnecessary risk.

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