Publications

Section Newsletter Articles on Alternative Dispute Resolution

Arbitration reform pending in the House and Senate By Kurt Kamrath Alternative Dispute Resolution, June 2008 A recent study by Michael LeRoy, a labor and employment law scholar at the University of Illinois College of Law, has shown a great hostility from state courts towards arbitration awards in favor of employees.
Case summaries By Ashley Crettol and Kurt Kamrath Alternative Dispute Resolution, June 2008 The First Circuit found that under a partnership agreement that includes an arbitration clause, a corporation cannot avoid arbitration by naming as defendants two non-signatories to the agreement.
Evaluating the ethics of ADR programs By Kurt Kamrath Alternative Dispute Resolution, June 2008 The practice of alternative dispute resolution (ADR) is rife with ethical dilemmas. It does not take much time in the field before a practitioner will find a conflict between two central aspects of ADR.
Happenings By Kurt Kamrath and Ashley Crettol Alternative Dispute Resolution, June 2008 Florida recently passed a bill that requires parties in homeowner’s association disputes to attempt mediation or arbitration prior to filing suit.
Cases By Kurt Kamrath Alternative Dispute Resolution, May 2008 In a six to three decision, the Supreme Court refused to expand the grounds for court review of an arbitration award.
Chicago hosts major international arbitration event By Christopher R. Minelli International and Immigration Law, May 2008 The International Centre for Dispute Resolution is bringing together arbitration experts to discuss timely issues at a major conference to be held in Chicago April 24-25, at the InterContinental Hotel.
Happenings By Ashley Crettol Alternative Dispute Resolution, May 2008 An amendment to the Financial Industry Regulatory Authority (FINRA) arbitration rules was approved by the Securities and Exchange Commission.
Working towards more successful environmental mediation (pt. 2) By Kurt Kamrath Alternative Dispute Resolution, May 2008 In the initial part of this article, issues arising from the construction of an effective mediation process were explored in regards to environmental conflicts.
Case summaries By Ashley Crettol Alternative Dispute Resolution, April 2008 The dispute between Preston and Ferrer, who were disagreeing over whether the California Talent Agency Act (CTAA) or the Federal Arbitration Act (FAA) had initial jurisdiction over concerns with their contract, was decided on February 20, 2008.
“Gross errors of law” under the Arbitration Act By Jon Gilbert Alternative Dispute Resolution, April 2008 The Seventh Circuit’s recent decision in Edstrom Industries, Inc., v. Companion Life Insurance(No. 06 C 964)( February 11, 2008) suggests that ADR practitioners take a close look at vacating awards based on “gross errors of law”, a legal argument which now appears to be a moving target. First, some background.
Happenings By Kurt Kamrath Alternative Dispute Resolution, April 2008 Recent developments in alternative dispute resolution.
Mediation limits / opportunities By Robert E. Wells, Jr. Alternative Dispute Resolution, April 2008 Lack of injunctive relief and limitation on discovery are two perceived “weaknesses” of mediation. However, a closer examination reveals that perceptions may not be reality.
Seventh Circuit overturns arbitration decision based on failure to specifically adhere to state substantive law By Howard Z. Gopman Business and Securities Law, April 2008 In Edstrom Industries, Inc. v. Companion Life Insurance Company the Seventh Circuit Court of Appeals took the unusual step of overturning an arbitrator’s decision on the basis that the arbitrator failed to apply specific substantive law.
Working towards more successful environmental mediation (Part 1) By Kurt Kamrath Alternative Dispute Resolution, April 2008 The practice of environmental mediation has numerous inherent benefits.
ADR happenings By Ashley Crettol Alternative Dispute Resolution, February 2008 Recent developments in ADR. 
The art of picking an arbitrator By Charles B. Lewis Alternative Dispute Resolution, February 2008 In medieval times, it was felt that one could assess the character and temperament of an individual by reference to the four humors.
Cases By Kurt Kamrath Alternative Dispute Resolution, February 2008 Otay River Constructor (Otay) filed two motions to compel arbitration. Otay had multiple agreements with San Diego Expressway (Expressway).
Supreme Court to decide two cases involving Power of Arbitration Agreements By Ashley Crettol Alternative Dispute Resolution, February 2008 There are currently two cases on the Supreme Court docket for the 2007-2008 term which question the power of arbitration clauses.
Case summaries By Ashley Crettol Alternative Dispute Resolution, January 2008 Local 15 objected to a new system implemented by Exelon Corporation, which, during an emergency, would summon those employees who were not already at work.
Current developments in mediation By Thomas D. Cavenagh Alternative Dispute Resolution, January 2008 Use of mediation in a wide variety of contexts is expanding rapidly across the country … and abroad.
Happenings Alternative Dispute Resolution, January 2008 The House of Representatives has just passed legislation that will give state officials the authority to compel FEMA to take part in mediations surrounding conflicts over claims to the national flood insurance program following a natural disaster.
Mediation: Obstacle or tool? (Insight to a Litigator) By Robert E. Wells, Jr. Alternative Dispute Resolution, January 2008 Joe, a premier litigator, wondered how to respond to Judge Taylor’s request that one of his current cases be mediated.
So you want to be a mediator? (Or, a better one?) By Robert E. Wells, Jr. Alternative Dispute Resolution, January 2008 Susan wanted to be a mediator. She had been a judge for 19 years and planned to retire the next year.
Arbitration alternatives By Champ W. Davis, Jr. Alternative Dispute Resolution, October 2007 Arbitration is a common form of dispute resolution.
Cases Alternative Dispute Resolution, October 2007 Recent cases of interest to ADR practitioners.
“Evident Partiality” in an arbitration proceeding By Jon Gilbert Alternative Dispute Resolution, October 2007 I have previously discussed the first statutory ground for vacating an award in this newsletter and now move on to the second.
“Insuring” success: Arbitrating insurance coverage disputes in London By Lorelie S. Masters Alternative Dispute Resolution, October 2007 Today, Bermuda is one of the largest markets for commercial property casualty insurance.
Cases By Megan Boan and Steve Mroczkowski Alternative Dispute Resolution, May 2007 Bono brought a defamation suit against David relating to a joint development project.
Happenings By Megan Boan and Steve Mroczkowski Alternative Dispute Resolution, May 2007 March 13, 2007 -- The American Arbitration Association presented its Distinguished Public Service Award, in recognition of contributions made to the AAA-administered hurricane mediation programs in Louisiana and Mississippi, to three deserving recipients—the first an educational institution, the second a governmental entity, the third a private-sector firm.
The history of United Nations mediation in the Darfur conflict By Whitney Roberts Alternative Dispute Resolution, May 2007 Given the importance of international conflict resolution, we have endeavored this year to address some of the high-profile areas in which conflict resolution is being attempted.