Articles on Alternative Dispute Resolution | Illinois State Bar Association

Alternative dispute resolution By Margery Newman Real Estate Law, March 2006 Alternative dispute resolution, also referred to as “ADR,” is a way to settle disputes outside of the courthouse. ADR encompasses several types of processes, including arbitration,mediation, conciliation, mini-trial and other types of non-litigation dispute resolution.

Alternative dispute resolution in the 17th Judicial Circuit By Hon. Harris H. Agnew Alternative Dispute Resolution, March 2006 The 17th Circuit, in collaboration with the Winnebago and Boone County Bar Associations, has been a leader in the development of alternative dispute resolution programs.

Case summaries By Kristi Hornickel & Samia Zayed Alternative Dispute Resolution, March 2006 Recent cases of interest to ADR practitioners.

Happenings By Kristi Hornickel & Tracie Hunt Alternative Dispute Resolution, March 2006 The Florida Supreme Court plans to a debate a proposal that, if implemented, would better inform mediation participants about their obligations and the process itself.

Mediation can constitute social work By Megan Kawa Alternative Dispute Resolution, March 2006 As a licensed clinical social worker through 1998, Jerry Penny continued to practice even though his license expired.

Standards & certification section By Megan Kawa & Samia Zayed Alternative Dispute Resolution, March 2006 Electronic mail has been ruled as an acceptable means for initiating arbitration by England's Commercial Court.

ADR happenings By Megan Kawa & Samia Zayed Alternative Dispute Resolution, February 2006 In December, Congressman Charlie Norwood (R-GA) introduced the bill H.R. 4503, supported by Lincoln Davis (D-TN) and Sam Graves (R-MO).

Case summaries By Megan Kawa & Samia Zayed Alternative Dispute Resolution, February 2006 The Universal Service Fund filed a complaint at the district level alleging that defendants Sprint and AT&T collaborated with Worldcom in violation of the FCA and the Sherman Act.

A dispute resolution balancing act By Stephanie Cady Alternative Dispute Resolution, February 2006 As the field of mediation grows, the benefits of this method of alternative dispute resolution have become significant to the legal world.

FMCS study found mediation saved $9 billion for economy By Megan Kawa Alternative Dispute Resolution, February 2006 A study was released in November by the Federal Mediation and Conciliation Service claiming that $9 billion has been saved for business and workers between 1999 and 2004 by the use of mediation in labor negotiations and work stoppages.

Message from the Chair By Hon. Michael S. Jordan Alternative Dispute Resolution, February 2006 I am happy to say that the November 18, 2005 CLE program on mediation skills held in Springfield at the Abraham Lincoln Presidential Library was a success.

Ombudsmen: Part III By Kristi Hornickel Alternative Dispute Resolution, February 2006 In the previous two issues of In the Alternative, the role of the ombudsmen has been introduced and the privilege of confidentiality with respect to an ombudsmen has been discussed.

ADR happenings By Kristi Hornickel Alternative Dispute Resolution, December 2005 High-ranking Utah senator, Orrin Hatch, intends to propose a bill that would establish a federal property rights ombudsperson with the authority to order arbitration or mediation of government cases involving real estate disputes.

Case summaries By Kristi Hornickel Alternative Dispute Resolution, December 2005 Recent cases of interest.

Debarred from right to reject arbitration award; lessons for arbitrators and litigants By Hon. Michael S. Jordan Bench and Bar, December 2005 This subrogation action involving damages sustained in a vehicle collision by plaintiff’s insured was referred to mandatory arbitration in Cook County.

Ombudsmen: Part II By Kristi Hornickel Alternative Dispute Resolution, December 2005 The first article in this series established that the purpose of an Ombudsman is to provide individuals with a neutral, unbiased, and confidential resource through which they can voice their concerns without the fear of retribution.

Traditional ceremonies prove effective in tribal court By Gil Halsted Alternative Dispute Resolution, December 2005 Wisconsin Indian tribes are reaching centuries back into their history to find a new way of settling disputes.

Who determines an arbitration agreement’s conscionability? By Samia Zayed Alternative Dispute Resolution, December 2005 The question of whether or not arbitrators should decide when arbitration agreements are unconscionable is being tackled by an eleven judge en banc panel of the 9th Circuit in California.

ADR happenings By Kristi Hornickel Alternative Dispute Resolution, October 2005 Wells Fargo announced late in August that it will discontinue its use of mandatory arbitration clauses in real estate loans.

Arbitration fees—Who pays? By John Gilbert Alternative Dispute Resolution, October 2005 One effective way to deal with the escalating cost of dispute resolution is to simply not pay the fees and costs involved.

Case summaries By Kristi Hornickel Alternative Dispute Resolution, October 2005 The Insured, Office Environment, Inc. filed a claim against the Insurer, Lake States Insurance, alleging failure to pay a claim.

Florida: Pressure by Mediator can justify setting aside a settlement By Samia Zayed Alternative Dispute Resolution, October 2005 A case brought to Florida's 4th district court of appeals should serve as a reminder to mediators that pressuring or coercing parties to settle is improper and settlements made under these conditions can be set aside.

Ombudsmen: Part 1 By Kristi Hornickel Alternative Dispute Resolution, October 2005 After a rousing speech in Southern Illinois earlier this year by President Bush, most Americans were ready to jump on the Alternative Dispute Resolution bandwagon, on their way to less-crowded dockets and tort reform for all.

The Circuit Court of Cook County Law Division’s Court-Annexed Mediation: A program with bite… By William D. Maddux Bench and Bar, September 2005 The Court-Annexed Mediation Program just celebrated its one-year anniversary, having been implemented in the Law Division in April 2004.

The Alternative Dispute Resolution Handbook of the ADR Section Council of the State Bar of Texas By Stanley J. Dale Labor and Employment Law, July 2005 Popular song lyrics tell us about a state where the stars shine bright, a yellow rose can be seen, and where all of one chap's ex-wives reside.

Mediation of financial issues in divorce By Don C. Hammer Family Law, July 2005 The Illinois Supreme Court, on January 26, 2005, approved a program in the Eleventh Circuit for the mediation of financial and property issues in divorce cases (both pre-decree and post-decree) and family (paternity) cases.

ADR happenings By Michael O’Brien Alternative Dispute Resolution, June 2005 Coming up in early December is a Joint ADR Conference entitled, "Coming Together for Peace."

Are mediation and neutral evaluation effective in civil cases? By Brendan D. Bukalski Alternative Dispute Resolution, June 2005 How effective are mediation and neutral evaluation? Both mediation and neutral evaluation involve a neutral third party, who has no power over the parties; mediation, a process that helps facilitate communication between the parties, and neutral evaluation, a process in which the third party evaluates the strengths and weaknesses of the parties' cases, take place in court-connected programs.

Case summaries By Tracie Hunt Alternative Dispute Resolution, June 2005 Howard Colman owns Cronus Investments. Colman transferred Dew-All Services, Inc., a home-management business, to Concierge Services, LLC to which Colman has a 20 percent interest. Westrec Marina Management, Inc., owns the remaining of Concierge.

Mediation of financial issues in divorce By Don C. Hammer Alternative Dispute Resolution, June 2005 The Illinois Supreme Court, on January 26, 2005, approved a program in the Eleventh Circuit for the mediation of financial and property issues in divorce cases (both pre-decree and post-decree) and family (paternity) cases.

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