Section Newsletter Articles on Alternative Dispute Resolution

De novo review of underinsurance arbitration awards By Michael J. Marovich Civil Practice and Procedure, May 2004 Victims of automobile accidents often face defendants who lack the resources or the insurance coverage to pay a fully compensatory award of damages.
ADR happenings By Kenton Skarin Alternative Dispute Resolution, March 2004 On February 9, the American Bar Association's House of Delegates approved a new code of ethics for arbitrators in commercial disputes that provides a presumption of neutrality for all arbitrators, including party-appointed ones.
The biggest mistakes attorneys make in arbitration/mediation Alternative Dispute Resolution, March 2004 Editor's Note: The Chairperson of the Alternative Dispute Resolution Section Council of the ISBA invited section council members to provide information concerning what they think are the "Biggest Mistakes Attorneys Make in Arbitration and Mediation."
Case law update By Kristen Weber Alternative Dispute Resolution, March 2004 Trial court did not abuse its discretion when it barred defendant from rejecting award of arbitrators based on failure to participate in arbitration proceedings in good faith, without conducting evidentiary hearing, when defense counsel argued about ruling on admission of SCR 90(c) package, refused to go forward with hearing, and later left hearing room after arbitrators left room to consult with circuit court judge.
Preventive law (Emerging alternative concepts and approaches to dispute resolution) By Sandra Crawford Women and the Law, February 2004 For years I have preached the concept of what I call "preventive law" to my small business clients.
ADR happenings By Kristen Weber Alternative Dispute Resolution, December 2003 NASD is looking to recruit arbitrators to hear disputes and render decisions involving customer complaints, or employment issues concerning NASD members.
Arbitration: It’s here to stay By Douglas A. Darch Human Rights, December 2003 The cost of access to the courts has long been an issue for the practicing bar, as well as advocates for the poor.
Case law update By Kenton Skarin Alternative Dispute Resolution, December 2003 The trial court erred when it concluded that the defendant had waived its right to enforce arbitration clause in sub-franchise agreement.
ADR happenings By Kenton Skarin and Sarah Jobst Alternative Dispute Resolution, October 2003 The United States Institute of Peace has published a new report entitled "Healing the Holy Land," suggesting ways in which leaders in the Holy Land must address the religious aspects of Middle Eastern conflict in their peacemaking strategy.
Case law update By Kristen Weber and Katie Ruder Alternative Dispute Resolution, October 2003 Menard Co. Housing Authority v. Johnco Construction, Incorporated 4th District Appellate Court of Illinois, No. 4-03-0237.
The constitutionality of court-annexed mediation By Matthew King Alternative Dispute Resolution, October 2003 Mediation has been gaining momentum in recent years. At the same time, court dockets are becoming even more congested as more and more lawsuits are being filed.
ADR happenings By Sarah Jobst Alternative Dispute Resolution, May 2003 On January 1, 2003, the Illinois Commerce commission adopted new rules relating to the administration and implementation of its mediation program solving the disputes of telephone customers in title 83 Ill Adm Code 734.
Case law update By Katie Ruder Alternative Dispute Resolution, May 2003 The 3rd U.S. Circuit Court of Appeals ruled unanimously that because federal judges have the power to sever provisions of an arbitration agreement that violate federal law before sending the case to arbitration, an otherwise unenforceable agreement containing such provisions is enforceable.
Four-year index 1999-2003 By Donald Abernathy Alternative Dispute Resolution, May 2003 ABA Section of Dispute Resolution" Vol. 8, No. 5.
Case law update By Katie Ruder Alternative Dispute Resolution, April 2003 The appellate court ruled that the trial court was not abusive in its judgment when it excluded the plaintiff, Subrogation Company Government Employees, from declining a mandatory arbitration award of $0.
Happenings Alternative Dispute Resolution, April 2003 The Center for Analysis of ADR Systems (CAADRS) has just posted to its Web site (www.caadrs.org) a bibliography of more than 60 studies of court mediation programs.
Pending Illinois ADR legislation Alternative Dispute Resolution, April 2003 The following summaries describe bills recently introduced in the Illinois Legislature.
An update on mandatory arbitration in Cook County By Hon. Jacqueline P. Cox Bench and Bar, March 2003 The Mandatory Arbitration Program in all six of Cook County's Municipal districts is an alternative dispute resolution process for civil suits seeking monetary damages of $30,000 or less.
ADR happenings By Sarah Jobst Alternative Dispute Resolution, February 2003 The Senate Government Affairs Committee approved Senate Bill 1651, which creates the U.S. Consensus Council, an independent and nonprofit entity modeled after the United States Institute of Peace
Book review By Bryan L. Shell Alternative Dispute Resolution, February 2003 Becoming a Mediator is written to help one begin a career in mediation. Lovenheim's introduction explains the various misconceptions surrounding the field of mediation.
A brief guide to online negotiation: Conclusion and resources (Part 3 of 3) By Thomas D. Cavenagh Alternative Dispute Resolution, February 2003 Online negotiators have numerous vendor options from which all three online negotiation models are available.
Case law update By Katie Ruder Alternative Dispute Resolution, February 2003 HMO Patients and physicians sued the HMOs, complaining that the companies violated the Racketeer Influenced and Corrupt Organizations Act (RICO), the Employee Retirement Income Security Act (ERICSA), and several other laws at the state and federal level.
Upcoming events Alternative Dispute Resolution, February 2003 Section of Dispute Resolution meetings during ABA Mid-Year Meeting
Mediation of civil cases in the U.S. Court of Appeals for the Seventh Circuit By Joel N. Shapiro Federal Civil Practice, January 2003 If you practice in the federal courts of the Seventh Circuit, you probably know that the Court of Appeals requires litigants in many civil appeals to participate in court-sponsored mediation.
ADR update: By Sarah Jobst Alternative Dispute Resolution, December 2002 The Supreme Court will decide if the court or the arbitrator should decide whether a claim is arbitrable in a securities case with potential implications beyond that industry.
A brief guide to online negotiation: The processes (Part 2 of 3) By Thomas D. Cavenagh Alternative Dispute Resolution, December 2002 Cybersettle (www.cybersettle.com) first offered its approach to online dispute resolution in 1998, and has since then been named the "official and exclusive online settlement tool" of the Association of Trial Lawyers of America.
Case law update By Katie Ruder Alternative Dispute Resolution, December 2002 The Appeals court upheld the district court's ruling in confirming an award for the defendant in a rental lease arbitration hearing.
ADR update: Alternative Dispute Resolution, November 2002 On September 12, federal district court judges in South Florida voted to study whether or not to adopt new rules regarding public knowledge and civil litigation, including the possibility of banning secret settlements in lawsuits.
The wrong way to implement ADR By Robert E. Wells Alternative Dispute Resolution, November 2002 AT&T found out that there are limits to the manner in which a company may implement a Mandatory Arbitration Provision.
ADR happenings By Suzanne Schmitz Alternative Dispute Resolution, October 2000 A handbook for lawyers with practice checklists, published by the American Law Institute and the American Bar Association, has incorporated ADR into its materials.