Chicago hosts major international arbitration eventBy Christopher R. MinelliInternational and Immigration Law, May 2008The International Centre for Dispute Resolution is bringing together arbitration experts to discuss timely issues at a major conference to be held in Chicago April 24-25, at the InterContinental Hotel.
HappeningsBy Ashley CrettolAlternative Dispute Resolution, May 2008An amendment to the Financial Industry Regulatory Authority (FINRA) arbitration rules was approved by the Securities and Exchange Commission.
Working towards more successful environmental mediation (pt. 2)By Kurt KamrathAlternative Dispute Resolution, May 2008In the initial part of this article, issues arising from the construction of an effective mediation process were explored in regards to environmental conflicts.
Case summariesBy Ashley CrettolAlternative Dispute Resolution, April 2008The dispute between Preston and Ferrer, who were disagreeing over whether the California Talent Agency Act (CTAA) or the Federal Arbitration Act (FAA) had initial jurisdiction over concerns with their contract, was decided on February 20, 2008.
“Gross errors of law” under the Arbitration ActBy Jon GilbertAlternative Dispute Resolution, April 2008The Seventh Circuit’s recent decision in Edstrom Industries, Inc., v. Companion Life Insurance(No. 06 C 964)( February 11, 2008) suggests that ADR practitioners take a close look at vacating awards based on “gross errors of law”, a legal argument which now appears to be a moving target. First, some background.
HappeningsBy Kurt KamrathAlternative Dispute Resolution, April 2008Recent developments in alternative dispute resolution.
Mediation limits / opportunitiesBy Robert E. Wells, Jr.Alternative Dispute Resolution, April 2008Lack of injunctive relief and limitation on discovery are two perceived “weaknesses” of mediation. However, a closer examination reveals that perceptions may not be reality.
ADR happeningsBy Ashley CrettolAlternative Dispute Resolution, February 2008Recent developments in ADR.
The art of picking an arbitratorBy Charles B. LewisAlternative Dispute Resolution, February 2008In medieval times, it was felt that one could assess the character and temperament of an individual by reference to the four humors.
CasesBy Kurt KamrathAlternative Dispute Resolution, February 2008Otay River Constructor (Otay) filed two motions to compel arbitration. Otay had multiple agreements with San Diego Expressway (Expressway).
Case summariesBy Ashley CrettolAlternative Dispute Resolution, January 2008Local 15 objected to a new system implemented by Exelon Corporation, which, during an emergency, would summon those employees who were not already at work.
Current developments in mediationBy Thomas D. CavenaghAlternative Dispute Resolution, January 2008Use of mediation in a wide variety of contexts is expanding rapidly across the country … and abroad.
HappeningsAlternative Dispute Resolution, January 2008The House of Representatives has just passed legislation that will give state officials the authority to compel FEMA to take part in mediations surrounding conflicts over claims to the national flood insurance program following a natural disaster.
Mediation: Obstacle or tool? (Insight to a Litigator)By Robert E. Wells, Jr.Alternative Dispute Resolution, January 2008Joe, a premier litigator, wondered how to respond to Judge Taylor’s request that one of his current cases be mediated.
So you want to be a mediator? (Or, a better one?)By Robert E. Wells, Jr.Alternative Dispute Resolution, January 2008Susan wanted to be a mediator. She had been a judge for 19 years and planned to retire the next year.
Arbitration alternativesBy Champ W. Davis, Jr.Alternative Dispute Resolution, October 2007Arbitration is a common form of dispute resolution.
CasesAlternative Dispute Resolution, October 2007Recent cases of interest to ADR practitioners.
“Evident Partiality” in an arbitration proceedingBy Jon GilbertAlternative Dispute Resolution, October 2007I have previously discussed the first statutory ground for vacating an award in this newsletter and now move on to the second.
CasesBy Megan Boan & Steve MroczkowskiAlternative Dispute Resolution, May 2007Bono brought a defamation suit against David relating to a joint development project.
HappeningsBy Megan Boan & Steve MroczkowskiAlternative Dispute Resolution, May 2007March 13, 2007 -- The American Arbitration Association presented its Distinguished Public Service Award, in recognition of contributions made to the AAA-administered hurricane mediation programs in Louisiana and Mississippi, to three deserving recipients—the first an educational institution, the second a governmental entity, the third a private-sector firm.
The history of United Nations mediation in the Darfur conflictBy Whitney RobertsAlternative Dispute Resolution, May 2007Given the importance of international conflict resolution, we have endeavored this year to address some of the high-profile areas in which conflict resolution is being attempted.
The benefits of mandatory arbitration in IllinoisBy Randall EdgarGeneral Practice, Solo, and Small Firm, March 2007From its inception through the Mandatory Arbitration Act of January 1, 1986, the concept of the Mandatory Arbitration Hearing in Illinois has caused many attorneys to question the benefit and purpose of these “mini hearings.”
CasesBy Megan Boan & Steve MroczkowskiAlternative Dispute Resolution, March 2007Volkswagen of American and Sud’s of Peoria signed a construction agreement which contained an arbitration clause, a loan agreement, and an agreement to facilitate the opening of a Volkswagen dealership.
Domestic ADR HappeningsBy Whitney RobertsAlternative Dispute Resolution, March 2007The State Bar of Texas’ ADR section is drafting new legislation to eliminate the confusion regarding appellate motions for state and federal cases.
International ADR happeningsBy Steve MroczkowskiAlternative Dispute Resolution, March 2007The United Nations’ highest court exonerated Serbia of direct responsibility for genocide in Bosnia in the early 1990s but ruled that Serbia failed to prevent the genocidal slaughter of Bosnian Muslims at Srebrenica.
Advancing conflict resolution in the business sectorBy Steve MroczkowskiAlternative Dispute Resolution, February 2007The following is a summary of the key points of an article taken from the Winter 2005 issue of ACRESOLUTION.
