Articles on Alternative Dispute Resolution | Illinois State Bar Association

Cases By Megan Boan & Steve Mroczkowski Alternative Dispute Resolution, February 2007 Subscribers entered into cable television contracts with Comcast. Comcast mailed notices that modified the contracts to include an arbitration clause.

Happenings Alternative Dispute Resolution, February 2007 Senator Tom Harkin (D-IA) has introduced a bill that would limit the use of the mandatory arbitration clause in farm contracts under the Federal Arbitration Act, The Fair Contract for Growers Act of 2007.

International happenings By Steve Mroczkowski Alternative Dispute Resolution, February 2007 The International Centre for Dispute Resolution, the international division of the American Arbitration Association, hosted a delegation of representatives from the Inter-American Commercial Arbitration Commission (IACAC) and members of the American Chambers of Commerce (AMCHAMs) of Latin America (AACCLA).

Mediation: A distinct profession By Steve Mroczkowski Alternative Dispute Resolution, February 2007 In 2002, the American Bar Association’s Section of Dispute Resolution adopted a policy stating that, conducted properly, mediation is not the practice of law.

A summary: Arbitrator misconduct: Liability and immunity By Megan Boan Alternative Dispute Resolution, February 2007 The common belief would be that an arbitrator who is guilty of wrongdoing during an arbitration would be liable to the party or parties, which is precisely why conflict resolution practitioners can acquire liability insurance.

Vacating an arbitration award: Giving meaning to “undue means” By Jon Gilbert Alternative Dispute Resolution, February 2007 Section 12(a) of the Illinois version of the Uniform Arbitration Act ( 710 ILCS 5/12) sets forth the statutory grounds for attacking and vacating an award.

ADR happenings By Megan Boan Alternative Dispute Resolution, November 2006 ADR updates from around the country.

Arbitration preferred in domain name disputes By Steve Mroczkowski Alternative Dispute Resolution, November 2006 According to a recent article* by Sheri Qualters of The National Law Journal, Internet domain name arbitration disputes have risen nearly a quarter since January 2005.

Article and book reviews By Megan Boan & Whitney Roberts Alternative Dispute Resolution, November 2006 Jerome T. Barret, a United States expert on interest-based methods, and John O’Dowd, a consultant to labor and management organizations in Ireland, write on the widespread adoption of cooperative strategies in negotiations, problem solving, and dispute resolution as an indicator of a country’s maturation in collective bargaining.

Case summaries By Steve Mroczkowski Alternative Dispute Resolution, November 2006 Recent cases of interest to ADR practitioners.

Chair’s Column By Stephen B. Cohen Alternative Dispute Resolution, November 2006 A message from Section Chair Stephen B. Cohen.

Hamline University School of Law offers mediation case law project Web site By Steve Mroczkowski Alternative Dispute Resolution, November 2006 “Learning about the mediation process by studying the adversarial opinion that the ADR process was designed to avoid may be ironic, but it can be productive.

International Alternative Dispute Resolution By Megan Boan Alternative Dispute Resolution, November 2006 “Bill 27” puts an end to mandating binding arbitration clauses in domestic contracts (Canada) The bill, which amends the Family Law Act, is supposed to address the unequal bargaining power existing in the arbitration of family law disputes in Canada.

Melena v. Anheuser-Busch, Inc.: Further enlightenment from the Supreme Court on the dichotomy between mandatory arbitration agreements and public policy By Richard L. Turner, Jr. Civil Practice and Procedure, November 2006 Illinois has a long-standing public policy of protecting workers from retaliation for filing workers’ compensation claims.

A region ripe for mediation: The genocide in Darfur By Whitney Roberts Alternative Dispute Resolution, November 2006 Since early 2003 an international crisis has been perpetuating inside the Darfur region of Sudan.

ADR happenings By Megan Boan Alternative Dispute Resolution, September 2006 After winning approval from the Securities and Exchange Commission, the New York Stock Exchange is moving to exclude a wider range of neutrals from acting on behalf of the public arbitrators in securities disputes.

Arbitration: Why some general counsel have mixed feelings By Steve Mroczkowski Alternative Dispute Resolution, September 2006 In a recent article appearing on law.com entitled “Arbitration’s Fall from Grace,” Lou Whiteman commented on the waning popularity of arbitration in the eyes of some corporate counsel in the United States.

Case summaries By Megan Boan Alternative Dispute Resolution, September 2006 Morgan Stanley instituted arbitration proceedings against Laws to recover alleged deficit of $689,115 in Laws’ margin account.

International alternative dispute resolution By Steve Mroczkowski Alternative Dispute Resolution, September 2006 Organizations such as the American Arbitration Association and the International Centre for Dispute Resolution (the international division of the AAA) have already taken action to promote Alternative Dispute Resolution internationally.

Recent court pronouncements continue to shape nationwide pro-arbitration policies By Joshua C. Smith Civil Practice and Procedure, September 2006 The universe of private civil dispute resolution is divided into two worlds these days: there is the traditional judiciary and there is private arbitration via contract.

Case summaries Alternative Dispute Resolution, June 2006 Recent cases of interest to ADR practitioners.

Happenings By Kristi Hornickel, Megan Kawa, & Samia Zayed Alternative Dispute Resolution, June 2006 After ruling on a case in which an arbitrator decided to dismiss a case after inferring a one-year statute of limitation from an expired contract, the Fourth Circuit Court of Appeals clarified the conditions under which an arbitrator's decision can be vacated for manifest disregard of the law.

Inadequate disclosure by arbitrator results in award being vacated By Robert E. Wells, Jr. Alternative Dispute Resolution, June 2006 The Fifth Circuit in Positive Software Solutions, Inc. v. New Century Mortgage Corp., No. 4-11432 (January 11, 2006) held that an arbitrator's failure to disclose his professional relationship with an attorney from one of the parties, justified the District Court's decision to vacate the arbitration award.

Rethinking divorce through collaborative practice By Samia Zayed Alternative Dispute Resolution, June 2006 By now it is no surprise to most people that 50 percent of all marriages in the United States end in divorce.

Seventh Circuit’s final answer: Would-be millionaire’s failure to read official contest rules did not invalidate agreement to arbitrate By James F. McCluskey & Lori N. Carrozza Civil Practice and Procedure, June 2006 The next time you peel back a Reading Railroad game piece from your large soft drink, be mindful that you may have just agreed to not pass “Go” and to “go straight to arbitration” with respect to any and all disputes arising from the popular promotional game.

Case summaries By Kristi Hornickel, Megan Kawa, & Samia Zayed Alternative Dispute Resolution, April 2006 Traveler's Casualty and Surety Co. (Insurer) and ACandS (Insuree) entered into a coverage agreement which included an arbitration clause.

Change in Small Claims limits affects arbitration By Hon. Michael S. Jordan Bench and Bar, April 2006 As most of you are aware, the Illinois Supreme Court recently raised the dollar amount of Small Claims from $5,000 to $10,000 effective the beginning of 2006.

Happenings By Kristi Hornickel, Megan Kawa, & Samia Zayed Alternative Dispute Resolution, April 2006 Consumer arbitration policy has been a hotly contested issue and the New Jersey Supreme Court took center stage in the debate when it heard arguments from two cases in February.

News and events By Kristi Hornickel, Megan Kawa, & Samia Zayed Alternative Dispute Resolution, April 2006 MTI is coordinating an effort to elect mediators to public office in the United States and other democracies.

Restorative justice around the world By Kim Broyles Alternative Dispute Resolution, April 2006 A shift in views about crime has been seen around the world. As the view of crime has shifted back to being viewed as a violation against a person as apposed to against the state there has been a worldwide criminal justice reform (Van Ness, 1996, 2005).

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