Nevada Supreme Court protects confidentiality in foreclosure mediationBy Brandon SarkauskasAlternative Dispute Resolution, March 2014Not 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 mediationBy Tom FinneganAlternative Dispute Resolution, March 2014In 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 briefsBy Abigail Van Hook & Jerremy WikerAlternative Dispute Resolution, January 2014Recent cases of interest to alternative dispute resolution practitioners.
Delaware’s struggle over confidential arbitrationBy Brandon SarkauskasAlternative Dispute Resolution, January 2014The 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.
HappeningsBy Kyler Juckins & Tom FinneganAlternative Dispute Resolution, January 2014Mediation updates from around the country.
Positions versus interests (Part II)By Robert E. Wells, Jr.Alternative Dispute Resolution, January 2014The second part of an article that was originally published in this newsletter in February 2013.
Should a mediator be an attorney?By Jon KingzetteAlternative Dispute Resolution, January 2014There is nothing that bars attorneys from being mediators, and there is no law that should do such a thing.
Case briefsBy Kyler Juckins, Jerremy Wiker, & Brandon SarkauskasAlternative Dispute Resolution, October 2013Recent decisions of interest to ADR practitioners.
The cost of arbitrationBy Hon. Michael S. JordanAlternative Dispute Resolution, October 2013Any experienced advocate or arbitrator knows that increasing costs are difficult to sell to the parties and the public so a challenge exists to think out of the box to manage the costs.
First District finds waiver of right to force individual arbitration of class action claimsBy John R. SchleppenbachAlternative Dispute Resolution, October 2013A corporate litigant in the First District case of Bovay v. Sears, Roebuck & Co. recently argued that it had not waived its right to arbitrate by failing to assert it during approximately a decade of litigation.
HappeningsBy Jon KingzetteAlternative Dispute Resolution, October 2013ADR events and updates from around the country.
ISBA—It’s just the beginningBy Hon. Ann Breen-GrecoAlternative Dispute Resolution, October 2013An overview of the recent ISBA/JTBF Law & Leadership Institute, which was held in August at the John Marshall Law School.
National policy favoring class arbitration reaffirmedBy Mark RouleauAlternative Dispute Resolution, October 2013In the intervening period since the Supreme Court decision in Stolt-Nielsen S.A. v. Animal Feeds International, many courts and parties have been left wondering if arbitration on a class-wide basis could ever be sustained. Recently the Supreme Court answered this question preserving arbitration on a class basis.
High court allows class arbitration award to standBy Michael R. LiedFederal Civil Practice, June 2013Predictably, disputes over arbitration agreements and awards will continue. However, Oxford Health Plans v. Sutter gives the parties an opportunity to carefully draft arbitration agreements to prevent class arbitration.
Application of arbitration agreements in tort law limited to the contractual partiesBy J. Timothy EatonAlternative Dispute Resolution, May 2013In Carter v. SSC Odin, The Illinois Supreme Court reaffirmed its support for arbitration agreements in general but limited their application in tort law to only those injured parties who signed the arbitration agreement.
Case briefsBy Casey Harter, Madalyn Phillips, & Taryn VaughanAlternative Dispute Resolution, May 2013Recent cases of interest to ADR practitioners.
HappeningsBy Casey Harter, Madalyn Phillips, & Taryn VaughanAlternative Dispute Resolution, May 2013Mediation updates from around the country.
Restorative justice: A framework worth consideringBy Madalyn PhillipsAlternative Dispute Resolution, May 2013Overall, the Restorative Justice framework when used in the Juvenile Justice system allows communities to come together to make things right in their community and with one another again.
Case briefsBy Casey Harter, Madalyn Phillips, & Taryn VaughanAlternative Dispute Resolution, February 2013Recent cases of interest to alternative dispute resolution practitioners.
HappeningsBy Casey Harter, Madalyn Phillips, & Taryn VaughanAlternative Dispute Resolution, February 2013Mediation updates from around the country.
In politics, the middle way is none at allBy Robert E. Wells, Jr.Alternative Dispute Resolution, February 2013A fictitious conversation highlighting the importance of listening.
Mediation for senior lawyersBy Patrick J. HitpasSenior Lawyers, February 2013Even if you have done well without mediation in your practice, you may want to use mediation as a resource as you continue your legal career. You may find that mediation helps to make your practice even more successful and enjoyable.