Section Newsletters

Articles on Alternative Dispute Resolution

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.
“The role of the ADR community in preventing the killing of children in Chicago” By Hon. Ann Breen-Greco Alternative Dispute Resolution, April 2010 Click to learn more about this recently held CLE program.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, March 2010 The views and opinions of the editor of the Workers' Compensation Law Section newsletter.
2 comments (Most recent March 5, 2010)
Shared interest negotiation By Hon. Bruno J. Tassone Tort Law, March 2010 A good agreement is one that is efficient, improves or at least does not damage the relationship, and meets the bona fide interests of each party.
Arbitrability of shareholders’ disputes under German Law By Jan Kraayvanger & Mark C. Hilgard International and Immigration Law, February 2010 It has been a matter of dispute for a long time whether and under which preconditions disputes regarding the validity of shareholders’ resolutions of a German limited liability company (GmbH) are arbitrable.
Case briefs By Nicholas Pavlopoulos Alternative Dispute Resolution, February 2010 Summaries of current ADR cases.
Dissolution of mandatory credit card arbitration clauses signals need for arbitration reform By Sidra Hamidi Alternative Dispute Resolution, February 2010 One of the primary uses of arbitration is seen in the settlement of consumer credit card disputes. However, mandatory arbitration clauses in credit card agreements have continually sparked the ire of both consumers and advocates of consumer rights.
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 Alternative Dispute Resolution, February 2010 With the steady increase in transnational business activity, international arbitration is becoming the method of choice for resolving cross-border disputes. For that reason, the question of whether private international arbitral panels are “foreign or international tribunals” within the scope of Section 1782 is more significant than ever. The answer to this question could change the nature of international arbitration.
Eighth Circuit weighs in on circuit split over proper venue for appeal from denial of motion to compel arbitration in patent case By John R. Schleppenbach Alternative Dispute Resolution, February 2010 The Federal Arbitration Act provides that an order denying a motion to compel arbitration is immediately appealable. It does not, however, specify which court or courts possess jurisdiction over such an appeal.
Happenings By Kate Oscarson Alternative Dispute Resolution, February 2010 What's new in mediation.
Profiling professionals in the field: Philip Aka profile By Laurel White Alternative Dispute Resolution, February 2010 When Philip Aka joined the Illinois State Bar Association’s Alternative Dispute Resolution committee two years ago, he didn’t fit the profile of a “typical” ADR committee member.
Arbitration and the Arab Middle East: Some thoughts from a commercial lawyer By Howard L. Stovall International and Immigration Law, November 2009 Islamic law encourages arbitration of disputes, as does the European civil law jurisdictions that have most influenced the Arab Middle East. Yet while Western businesses are increasingly using arbitration to resolve disputes in international commercial transactions, acceptance has been slower in the Arab world.
Case briefs By Sidra Hamidi & Tim Lesiewicz Alternative Dispute Resolution, November 2009 Ninth Circuit Court of Appeals rules that arbitrators decide claims arising from collective bargaining agreements with an arbitration clause
Dubai: A regional arbitration center? By Raid Abu-Manneh International and Immigration Law, November 2009 Following the recent establishment of the LCIA-DIFC Centre at the Dubai International Financial Centre (DIFC), Dubai now has two international arbitration centres. This reflects the increasing acceptance of arbitration in the Middle East and the progress made in developing arbitration in Dubai.
The growing role of alternative dispute resolution in international trade agreements By Colin McGowan Alternative Dispute Resolution, November 2009 Free trade agreements, more often than not, have begun to contain ADR related clauses and mechanisms. These clauses, if drafted correctly, will be able to provide the groundwork for a more effective resolution between the two parties in the event a dispute should arise.
Happenings By Nicholas Pavlopoulos Alternative Dispute Resolution, November 2009 What's new in ADR.
International arbitration news By Kate Oscarson Alternative Dispute Resolution, November 2009 Recently, Hong Kong has started to be in the spotlight for international arbitration in the Asia Pacific region.
International arbitration procedures—A look at the use of arbitration internationally: Arbitration procedures in the United Kingdom By Colin McGowan Alternative Dispute Resolution, November 2009 In 1996, after a lengthy effort, the United Kingdom introduced Arbitration Act 1996.
Officers’ column By Jon Gilbert, Scott Carfello, & Kate Duncan Alternative Dispute Resolution, November 2009  The Section Council most recently met on September 19, 2009 at the Chicago Regional Office of the ISBA. 
Profiling professionals in the field: H. Case Ellis By Laurel White Alternative Dispute Resolution, November 2009 H. Case Ellis is currently collaborating with the Law Office of Stephen E. Walter to run WE Mediate, an alternative dispute resolution practice in Crystal Lake.
Trilogy of U.S. Supreme Court cases continues trend favoring arbitration By Robert E. Wells, Jr. Alternative Dispute Resolution, November 2009 The U.S. Supreme Court issued three opinions which generally (but not universally) continues its trend favoring arbitration. These cases follow the reiterated federal policy favoring alternative dispute resolution, in general, and arbitration, in particular. However, unanimity is not a mainstay of the opinions issued.
Case briefs By Nicholas Pavlopoulos & Tim Lesiewicz Alternative Dispute Resolution, October 2009 Cases of interest to ADR practitioners.
Do arbitrators’ “inherent powers” to sanction trump “express” limitations in the Agreement on their Authority? By J. Timothy Eaton Alternative Dispute Resolution, October 2009 Even considering the “rough and tumble character” of an arbitration, should the arbitrator not have the power to control the process by taking measures to sanction a party who does not participate in a meaningful way?
Happenings By Julia Kucan Alternative Dispute Resolution, October 2009 Recent ADR news.
International arbitration news By Kate Oscarson & Sidra Hamidi Alternative Dispute Resolution, October 2009 The first in a series of columns considering topics in international arbitration.
International arbitration procedures By Colin McGowan Alternative Dispute Resolution, October 2009 A look arbitration procedures around the world.
Profiling professionals in the field: Judge Allen S. Goldberg directs mediation efforts of Cook County Circuit Court By Laurel White Alternative Dispute Resolution, October 2009 The first in a series of profiles of professionals in ADR.
Sometimes it helps to ask, even when we know the answer By Robert E. Wells, Jr. Alternative Dispute Resolution, October 2009 A fictional dialog about mediation.

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