Articles on Alternative Dispute Resolution

Ninth Circuit concludes issue of whether FAA’s Section One exceptions apply is nonarbitrable, But… By John R. Schleppenbach Alternative Dispute Resolution, April 2012 Until the Ninth Circuit’s recent decision in In re Van Dusen, no federal appeals court had addressed whether the applicability of the exceptions to the Federal Arbitration Act’s coverage contained in Section One of that statute constituted a “question of arbitrability” that the parties could agree to arbitrate.
Resource officers’ implementation in Macomb schools By Madalyn Phillips Alternative Dispute Resolution, April 2012 The Macomb City Council recently approved an agreement which allows a resource officer to be assigned at Project Insight, an alternative school which serves junior and senior high students who have behavioral issues.  
Training current and future attorneys in ADR practice By Terry Moritz & Heather Scheiwe Kulp Alternative Dispute Resolution, April 2012 A look at some ADR training programs designed to provide valuable learning experiences.
Two government agencies make decisions that ensure class arbitration in select cases By Casey Harter Alternative Dispute Resolution, April 2012 The two agencies are the Financial Industry Regulatory Authority (FINRA), and the National Labor Relations Board (NLRB).
Using mediation in child custody disputes could prevent violence By Em Rademaker Alternative Dispute Resolution, April 2012 Illinois is among the few states in which custody mediation is mandatory.
Case briefs By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van Dreel Alternative Dispute Resolution, February 2012 Recent cases of interest to ADR practitioners.
Florida Supreme Court decisions address the validity of nursing-home arbitration agreements By Em Rademaker Alternative Dispute Resolution, February 2012 Late in 2011 the Supreme Court of Florida issued two new decisions, finding that nursing home residents may not be obligated to arbitrate under an arbitration agreement that undermines their statutory rights
Happenings By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van Dreel Alternative Dispute Resolution, February 2012 Mediation updates from around the country.
Madison County Residential Mortgage Program showing success and increasing in popularity By Madalyn Phillips Alternative Dispute Resolution, February 2012 The Madison County Residential Mortgage Program pairs homeowners, who wish to keep their homes, and the lender’s lawyers, with mediators to perform a two-hour mediation session. 
Mediations involving seniors By Terry Moritz & Heather Scheiwe Kulp Alternative Dispute Resolution, February 2012 Elder law and mediation in Illinois is growing, but some challenges particular to elder law disputes should be considered.
1 comment (Most recent February 17, 2012)
U.S. Supreme Court reverses decision Ninth Circuit in CompuCredit Corp. v. Greenwood By Meghan Steinbeiss Alternative Dispute Resolution, February 2012 The United States Supreme Court recently reversed and remanded a decision made by the Ninth Circuit Court of Appeals which upheld the Northern District Court of California decision to void a pre-dispute arbitration agreement.  
Case briefs By Madalyn Phillips, Meghan Steinbeiss, & Casey Harter Alternative Dispute Resolution, January 2012 Recent cases of interest to ADR practitioners.
Happenings Alternative Dispute Resolution, January 2012 Mediation updates from around the country.
The Honorable Harris H. Agnew’s legacy: Judicial leadership and successful court-connected mediation programs By Terry Moritz & Heather Scheiwe Kulp Alternative Dispute Resolution, January 2012 The mediation community was saddened to learn that Judge Harris H. Agnew, retired Chief Judge of the 17th Circuit, passed away Tuesday, December 13, 2011. 
Of the Moment—Evaluating Mediation Programs: Tracking and reporting data By Terry Moritz & Heather Scheiwe Kulp Alternative Dispute Resolution, January 2012 The second installment in this new column that will address developing ADR issues and initiatives in Illinois and throughout the country.
Case briefs By Shauntal Van Dreel & Meghan Steinbeiss Alternative Dispute Resolution, October 2011 Recent cases of interest to ADR practitioners.
Column: Of the Moment—Current developments in mediation By Terry Moritz & Heather Scheiwe Kulp Alternative Dispute Resolution, October 2011 A new column that will address developing ADR issues and initiatives in Illinois and throughout the country.
Letter to the editor By Mark Rouleau Alternative Dispute Resolution, October 2011 A reader's response to the article, "Sacrificing class arbitration for the good of individual arbitration," that appeared in the June 2011 issue of this newsletter.
Ninth Circuit concludes Declaratory Judgment Act does not give federal courts discretion to decline to rule on motions to compel arbitration By John R. Schleppenbach Alternative Dispute Resolution, October 2011 Given the long-standing and widespread push for federal courts to further the efficiency and ease of arbitration by summarily enforcing arbitration agreements where they are found to exist, the Ninth Circuit’s ruling in Countrywide Home Loans, Inc. v. Mortgage Guaranty Insurance Corporation is perhaps unsurprising.
A pilot program that would allow for the mediation of attorney-client disputes By Madalyn Phillips Alternative Dispute Resolution, October 2011 The ARDC would be responsible for coordinating, paying for, and explaining mediation to the parties involved. They would also be responsible for assisting the mediator with anything they might need throughout the mediation process.
1 comment (Most recent October 11, 2011)
Supreme Court dismisses Stok & Associates v. Citibank; Arbitration question remains unanswered By Madalyn Phillips & Casey Harter Alternative Dispute Resolution, October 2011 The main issue to be reviewed in the case was the question of whether one side in a legal dispute surrenders its rights to arbitration once it has participated in a court case that has arisen from the same dispute.
The Uniform Collaborative Law Rules/Act rejected by the ABA House of Delegates By Casey Harter Alternative Dispute Resolution, October 2011 As the practice of collaborative law has spread, it has become increasingly important that there be some framework protecting participants and promoting uniformity in the process.
Discovery in international arbitration International and Immigration Law, September 2011 Learn about discovery in international arbitration at this seminar on October 4th.
What every young lawyer should know about collaborative law (a.k.a., collaborative practice) By Sandra Crawford & Anna P. Krolikowska Young Lawyers Division, August 2011 Learn about collaborative law and sign up for the ISBA CLE program on October 13th. View the details here. 
Case briefs Alternative Dispute Resolution, June 2011 Recent cases of interest to ADR practitioners.
Happenings Alternative Dispute Resolution, June 2011 Mediation updates from around the country.
London Mediation Tournament By Robert E. Wells, Jr. Alternative Dispute Resolution, June 2011 A recap of this year's InterNational Academy of Dispute Resolution’s Tenth Annual International Law School Mediation Tournament, which took place in March.
Sacrificing class arbitration for the good of individual arbitration By Terry Moritz Alternative Dispute Resolution, June 2011 A discussion of the potential ramifications of the recent case of United States Supreme Court in AT&T Mobility LLC v. Concepcion.
1 comment (Most recent July 7, 2011)
What every lawyer should know about Collaborative Law (a.k.a., Collaborative Practice) By Sandra Crawford Women and the Law, June 2011 Three things every lawyer should also know about Collaborative Law: (1) there is a favorable American Bar Association Formal Ethics Opinion (Opinion No. 07-447) on the topic; (2) Since October, 2010 there has been a Uniform Collaborative Law Act adopted in several states; and (3) there is an international organization, the International Academy of Collaborative Professionals, which has also promulgated Ethical Standards for Collaborative Practitioners.
1 comment (Most recent December 18, 2012)
What every lawyer should know about Collaborative Law (a.k.a., Collaborative Practice) By Sandra Crawford Alternative Dispute Resolution, June 2011 Three things every lawyer should also know about Collaborative Law: (1) there is a favorable American Bar Association Formal Ethics Opinion (Opinion No. 07-447) on the topic; (2) Since October, 2010 there has been a Uniform Collaborative Law Act adopted in several states; and (3) there is an international organization, the International Academy of Collaborative Professionals, which has also promulgated Ethical Standards for Collaborative Practitioners.

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