Section Newsletter Articles on Alternative Dispute Resolution
Case briefs
By Brandon Sarkauskas and Kerby Kniss
Alternative Dispute Resolution,
December 2014
Recent cases of interest to ADR practitioners.
Florida Supreme Court upholds arbitration award as final
By Jonathon Kingzette
Alternative Dispute Resolution,
December 2014
The decision is one which encourages the use of arbitration as a means of solving disputes, and fits in with the growing popularity of arbitration at a national scope.
Happenings
By Jonathon Kingzette
Alternative Dispute Resolution,
December 2014
Mediation updates from around the country.
S.C.O.T.U.S refuses to revive a Delaware arbitration program
By Kyler Juckins
Alternative Dispute Resolution,
December 2014
In March of this year, the U.S. Supreme court made the decision to refuse the revival of A Delaware arbitration program that allows judges to respond to corporate disputes confidentially.
What law governs the mediation privilege in federal cases?
By Jonah Orlofsky
Intellectual Property,
September 2014
Many states have mediation statutes that create statutory privileges for all communications that are part of the mediation process. There is, however, no similar federal statute. This raises the question of whether there is a mediation privilege for federal cases. Two recent Illinois federal district court decisions examined this issue
Case briefs
By Jerremy Wiker
Alternative Dispute Resolution,
July 2014
Recent cases of interest to ADR practitioners.
Happenings
By Tom Finnegan and Brandon Sarkauskas
Alternative Dispute Resolution,
July 2014
Mediation updates from around the country.
Illinois appellate court holds arbitration agreement unconscionable
By John R. Schleppenbach
Alternative Dispute Resolution,
July 2014
It is notable that the Illinois Appellate Court in Potiyevskiy v. TM Transportation, Incorporated recently affirmed a trial court’s denial of a motion to compel arbitration based on the unconscionability of the arbitration clause.
Case briefs
By Brandon Sarkauskas and Jerremy Wiker
Alternative Dispute Resolution,
May 2014
Recent cases of interest to ADR practitioners.
Happenings
By Tom Finnegan
Alternative Dispute Resolution,
May 2014
Mediation updates from around the country.
Book Review
By Bianca T. Green
Alternative Dispute Resolution,
March 2014
A review of Getting to Yes: Negotiating Agreement Without Giving In.
Case briefs
By Kyler Juckins and Jerremy Wiker
Alternative Dispute Resolution,
March 2014
Recent cases of interest to ADR practitioners.
Happenings
By Abigail Van Hook
Alternative Dispute Resolution,
March 2014
Mediation updates from around the country.
Nevada Supreme Court protects confidentiality in foreclosure mediation
By Brandon Sarkauskas
Alternative Dispute Resolution,
March 2014
Not only does the recent decision by Nevada’s Supreme Court affirm the confidential nature of the foreclosure mediation program, but it offers reassurance of confidentiality to others who may be interesting in pursuing mediation resolutions for other conflicts as well.
A new era of mediation
By Tom Finnegan
Alternative Dispute Resolution,
March 2014
In response to the foreclosure crisis, Illinois responded by enacting foreclosure mediation programs in some of Illinois’ largest counties, and these programs were widely successful. Is it illogical to think that the State of Illinois could benefit from enacting similar types of criminal mediation programs in the same counties?
Case briefs
By Abigail Van Hook and Jerremy Wiker
Alternative Dispute Resolution,
January 2014
Recent cases of interest to alternative dispute resolution practitioners.
Delaware’s struggle over confidential arbitration
By Brandon Sarkauskas
Alternative Dispute Resolution,
January 2014
The recent case of Delaware Coalition for Open Government v. Hon. Leo E. Strine, Jr, et. al poses a number of issues for state-sponsored arbitration programs.
Happenings
By Kyler Juckins and Tom Finnegan
Alternative Dispute Resolution,
January 2014
Mediation updates from around the country.
Positions versus interests (Part II)
By Robert E. Wells, Jr.
Alternative Dispute Resolution,
January 2014
The second part of an article that was originally published in this newsletter in February 2013.
Should a mediator be an attorney?
By Jon Kingzette
Alternative Dispute Resolution,
January 2014
There is nothing that bars attorneys from being mediators, and there is no law that should do such a thing.
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