Articles on Alternative Dispute Resolution | Illinois State Bar Association

ADR happenings By Jennifer Morris Alternative Dispute Resolution, May 2005 In 2001, the National Conference of Commissioners on State Laws (NCCUSL) drafted the Uniform Mediation Act (UMA), which, if adopted in each state, would bring much-needed uniformity to mediation.

Case summaries By Stanley N. Wasser Alternative Dispute Resolution, May 2005 Recent cases of interest to ADR practitioners.

Mediator certification: Good or bad? By Kylie Polson Alternative Dispute Resolution, May 2005 Mediators facilitate conversations between parties and help them generate resolutions in numerous situations, but how do parties know if the mediator will be effective?

Orders to mediate are not appealable By Deborah S. Bussert Alternative Dispute Resolution, May 2005 In a short and concise opinion, Short Brothers Construction, Inc. v. Korte & Luitjohan Contractors, Inc., et al., No. 02-L-61 (Fifth District April 12, 2005), the Illinois Appellate Court for the Fifth District recently held that a mediation order entered by a circuit court judge is not appealable under Supreme Court Rule 307.

ADR happenings By Michael O’Brien Alternative Dispute Resolution, April 2005 On February 25, 2005, the Illinois Senate passed on a new bill concerning the status of an Arbitrator in civil litigation.

Alternative dispute resolution: Making a federal case out of a simple breach of a construction contract case By Stanley N. Wasser Alternative Dispute Resolution, April 2005 Out-of-state arbitration issues in construction cases can be a sticky wicket.

Case summaries By Fallon Opperman Alternative Dispute Resolution, April 2005 In August of 2002, Neal Anderson was injured in a traffic accident involving David Pineda. Anderson filed a complaint against Pineda to recover for the injuries suffered in the accident. Anderson also claimed that Pineda's negligence caused the accident.

Local programs update By Harris H. Agnew Alternative Dispute Resolution, April 2005 All too often in recent times, disputants approach their disagreements on a scorched-earth basis. A take-no-prisoners, in-your-face attitude exists in many instances.

Special education mediation in Illinois By Denise Gibson Alternative Dispute Resolution, April 2005 In 1997, Congress added a requirement that state education agencies must make mediation available whenever a request for a due process hearing has been filed when it reauthorized the Individuals with Disabilities Education Act. In Illinois, the State Board of Education provides this mediation service upon request and agreement of the parties.

Case summaries By Michael O’Brien Alternative Dispute Resolution, February 2005 In the process of building a dormitory on the campus of the University of Wisconsin Milwaukee's campus, a dispute arose between J.H. Finderoff & Sons (Finderoff) and their union workers over the proper use of Bobcat machinery.

Is there third-party discovery in arbitration? By John Gilbert Alternative Dispute Resolution, February 2005 The subject of discovery has received a lot of attention in the past few years because of the expense involved.

Practitioner resources By Michael O’Brien Alternative Dispute Resolution, February 2005 In the third edition of the Alternative Dispute Resolution Handbook from the ADR Section Council of Texas, we are given a comprehensive look at all aspects of ADR from several different authors.

Recent OCC policies, mediation, and arbitration operate to safeguard national banks from litigation with consumers and states By Daryl Jones Alternative Dispute Resolution, February 2005 Recent Office of the Comptroller of Currency (OCC) regulations and mandatory arbitration have combined to undermine the leverage of state Attorneys General in mediation.

Case summaries By Michael O’Brien Alternative Dispute Resolution, December 2004 Eric Jensen (Jensen) entered into a franchise agreement with Quik International (Quik) on July 3, 2002. T

Enforceable settlement or unenforceable penalty? By Champ W. Davis, Jr. Alternative Dispute Resolution, December 2004 The rule that a liquidated damage provision is unenforceable if it is a "penalty" has been applied to settlement agreements in which one party has granted a "discount" to the other if the terms of the settlement are met in a timely fashion.

What do attorneys think of mediation? By Thomas D. Cavenagh Alternative Dispute Resolution, December 2004 Mediation has become an attractive option for resolving legal conflicts of a wide variety. Anecdotal evidence suggests continuing growth in the use of the process by attorneys, but empirical evidence supporting the supposition has not been developed widely.

ADR in law schools: The times, they are a’ changing By Paula M. Young Women and the Law, October 2004 When I think about the role ADR plays in legal education, in law practice, and in our broader communities, I think of the following quote: "Our civilization is like a bird with one wing, flying round and round in circles. The other wing is the Feminine. Without it, we cannot go anywhere."

A mediation program is set for Friday December 3, 2004 in Chicago—Read the details! By Michael S. Jordan Bench and Bar, October 2004 A half-day program on MEDIATION for lawyer advocates will be held on Friday, December 3, 2004 in Chicago.

ADR happenings Alternative Dispute Resolution, May 2004 Mediator Applications and Self Certification of Qualifications forms for the Major Case Civil Mediation Program, Law Division, Circuit Court of Cook County can be obtained by calling Raimonda Ferenzi, secretary to Judge Allen S. Goldberg, at 312-603-6078 and she will mail the forms to your office.

Case law update By Kristen Weber Alternative Dispute Resolution, May 2004 John Joyner, as guardian for his incapacitated mother, filed a claim with the National Association of Securities Dealers, Inc. (NASD) against Raymond James Financial Services, Inc. (James) for breach of fiduciary duty. NASD arbitration ensued.

Court annexed mediation in Cook County By Michael S. Jordan Bench and Bar, May 2004 Mediation is a process whereby the parties are empowered by principled negotiation aided by the involvement of an impartial and non-decisional neutral who enhances communication and encourages collaborative problem solving that results in a voluntary settlement with improved relationships.

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 and Civil 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 & 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.

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