Section Newsletters

Articles on Alternative Dispute Resolution

Victim-offender mediation: An alternative By Don C. Hammer Child Law, September 2010 During Victim-offender mediation, the victim has an opportunity to confront the offender and explain to the offender the effect of the crime on the victim’s life. The offender gets to see first-hand the effect of his actions on another person and to take responsibility for what he has done.
The curious relationship between arbitration and insurer bad faith under Illinois law By David M. Kroeger Insurance Law, August 2010 There is something unsettling about an arbitration clause that is silent on the issue of bad faith being construed in a way that potentially immunizes an insurer from liability for its bad faith conduct.
Declining to compel arbitration on public policy grounds: Thomas v. Carnival Corp. By Alex C. Lakatos International and Immigration Law, August 2010 This case is significant because it takes what may be deemed a broad view of when it is appropriate to decline to compel arbitration based on the “public policy” affirmative defense.
Dispute resolution precautions in India By Sonia Baldia & Violeta I. Balan International and Immigration Law, August 2010 A few practical considerations to keep in mind when drafting contractual dispute resolution provisions involving India.
ADR and international trade conventions By Thomas D. Cavenagh Alternative Dispute Resolution, June 2010 ADR processes are desirable in international agreements as they encourage party participation, eliminate some of the rule-driven formality of litigation and focus more heavily on negotiated outcomes.
Anti-suit injunctions in the context of international commercial arbitration, Part II By Ricardo Quass Duarte June 2010 An analysis of the different legal issues involving the granting of anti-suit injunctions in the context of international commercial arbitration.
Cases By Nicholas Pavlopoulos Alternative Dispute Resolution, June 2010 Recent cases related to ADR.
Extra scrutiny still does not apply when arbitrator’s decision is reversed By Richard D. Hannigan Workers’ Compensation Law, June 2010 The Appellate Court affirmed the Commission’s decision in R and D Thiel v. IWCC.
Happenings By Sidra Hamidi Alternative Dispute Resolution, June 2010 What's new in ADR.
International arbitration By Kate Oscarson Alternative Dispute Resolution, June 2010 ADR updates from around the world.
Ninth Circuit removes potential barrier to federal jurisdiction over Motions to Compel Arbitration By John R. Schleppenbach Alternative Dispute Resolution, June 2010 While the existence of federal jurisdiction over a motion to compel arbitration remains far from certain,the recently decided case of Geographic Expeditions v. Estate of Lhotka makes it somewhat more attainable.
Third-party discovery in arbitrations By Champ W. Davis Alternative Dispute Resolution, June 2010 Should parties be free to spell out the procedures they will abide by? Or should third-party discovery be eliminated altogether so that arbitration is faster and less costly? The Seventh Circuit has so far been split on the issue.
Case summaries By Nicholas Pavlopoulos Alternative Dispute Resolution, May 2010 Recent cases related to alternative dispute resolution.
A comment on “gross error” By Jon Gilbert Alternative Dispute Resolution, May 2010 A case decided two years ago by the Illinois Supreme Court may do away with the doctrine of "manifest disregard of the law" as a basis for challenging an award.
Commercial arbitration in the People’s Republic of China By R. Terence Tung International and Immigration Law, May 2010 The People’s Republic of China (PRC) now conducts more arbitrations than any other country in the world.
Does §1782 allow for discovery in international arbitrations? The Renewed Debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, By Amy D. Mitchell International and Immigration Law, May 2010 The issue of whether 28 U.S.C. Section 1782 authorizes discovery in private foreign arbitrations is far from settled.
Foreign judgments enforcing arbitral awards are no longer enforceable in themselves in Germany By Mark C. Hilgard & Jan Kraayvanger International and Immigration Law, May 2010 In a landmark decision last year, the German Federal Supreme Court determined that a foreign judgment confirming an arbitral award can no longer be recognized in Germany.
Happenings By Sidra Hamidi Alternative Dispute Resolution, May 2010 What's new in ADR.
International happenings By Kate Oscarson Alternative Dispute Resolution, May 2010 ADR developments around the world.
Knowing your limits By Robert E. Wells, Jr. Alternative Dispute Resolution, May 2010 A fictional scenario highlighting medical ethics issues.
Profiling professionals in the field: Jon Gilbert By Laurel White Alternative Dispute Resolution, May 2010 Get to know attorney Jon Gilbert.
Supreme Court shifts views on arbitration By Sidra Hamidi Alternative Dispute Resolution, May 2010 The Illinois Supreme Court will decide whether courts or arbitrators themselves would decide the enforceability of an arbitration agreement.
Ten hallmarks of effective international arbitration agreements By William H. Knull International and Immigration Law, May 2010 A list of the ten most important characteristics of an enforceable, functional dispute resolution clause.
Arbitration primer for civil trial attorneys By Mark Rouleau Civil Practice and Procedure, April 2010 The basics you need to know about arbitration.
Case briefs By Sidra Hamidi Alternative Dispute Resolution, April 2010 Recent cases related to alternative dispute resolution.
Happenings By Sidra Hamidi Alternative Dispute Resolution, April 2010 What's new in ADR.
International arbitration news By Kate Oscarson Alternative Dispute Resolution, April 2010 ADR updates from around the world.
Officers’ Column By Jon Gilbert, Scott Carfello, & Kate Duncan Alternative Dispute Resolution, April 2010 A description of several important issues currently facing the ADR section.
Preparation: The art of identifying parties-in-interest and potential conflicts By Robert E. Wells, Jr. Alternative Dispute Resolution, April 2010 A fictional conversation highlighting common mediation dilemmas.
Profiling professionals in the field: Larry Schaner By Laurel White Alternative Dispute Resolution, April 2010 Get to know attorney Lawrence Schaner.

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