ABA Section of Dispute ResolutionJune 2002The ABA Section of Dispute Resolution has noted the wide range of views expressed by scholars, mediators, and regulators concerning the question of whether mediation constitutes the practice of law.
ADR happeningsFebruary 2002The Association for Conflict Resolution (ACR) was created when the Academy of Family Mediators (AFM), the Conflict Resolution Network (CREnet) and the Society for Professionals in Dispute Resolution (SPIDR) officially merged in January of 2001. A
ADR updateJune 2002Beginning May 1, 2002, a new rule of the U.S. Court of Federal Claims allows voluntary use of alternative dispute resolution, specifically mediation, settlement conferences and non-binding arbitration.
ADR updateMarch 2002On February 4, the American Bar Association House of Delegates passed the Uniform Mediation Act with 537 votes.
ADR update:By Sarah JobstDecember 2002The Supreme Court will decide if the court or the arbitrator should decide whether a claim is arbitrable in a securities case with potential implications beyond that industry.
ADR update:November 2002On September 12, federal district court judges in South Florida voted to study whether or not to adopt new rules regarding public knowledge and civil litigation, including the possibility of banning secret settlements in lawsuits.
ADR update:May 2002On March 4, the Virginia Senate approved unanimously a bill that would provide immunity from civil liability to mediators and expand confidentiality protections to include mediation communications in proceedings connected to the court.
Arbitration of uninsured/ underinsured claimsBy Robert H. HanafordMay 2002To obtain an understanding of the law concerning uninsured/underinsured (UIM) arbitration, it is essential to become familiar with the relevant insurance contract provisions as well as the statutory provisions.
A brief guide to online negotiation: The processes (Part 2 of 3)By Thomas D. CavenaghDecember 2002Cybersettle (www.cybersettle.com) first offered its approach to online dispute resolution in 1998, and has since then been named the "official and exclusive online settlement tool" of the Association of Trial Lawyers of America.
Case law updateBy Katie RuderDecember 2002The Appeals court upheld the district court's ruling in confirming an award for the defendant in a rental lease arbitration hearing.
Case law updateBy David AdkisonJune 2002United Transport Union sought to enforce an arbitration award pursuant to an act that established arbitration must be used in certain types of grievances
Case law updateBy David AdkisonMay 2002Richard Bass owned 49 percent of SMG, Inc., while David Shapiro owned 51 percent of the voting stock in Innovative Consultants, Inc. (IC).
Case law updateBy David AdkisonMarch 2002This case involves an employee who signed a binding arbitration agreement as part of his employment application
Case law updateBy David AdkisonFebruary 2002A pre-dispute agreement signed by both Cavalier and Jackson stated that punitive damage compensation was prohibited
Case law update:By Katie RuderNovember 2002Plaintiff William Dessart sustained a neck injury and associated shoulder and arm pain as a result of an automobile collision with defendant Lynn Burak. In 1999, a mediation panel evaluated the case at $120,000.
Chair’s columnFebruary 2002The Future of the Illinois Courts Conference scheduled for spring of this year will present a wonderful forum for attorneys and the courts to discuss where we are and where we hope to be.
Editor’s noteFebruary 2002We welcome and are grateful for contributions to this newsletter from members of the section.
Editor’s note:November 2002We welcome and are grateful for contributions to this newsletter from members of the section
Negotiating with pro se litigantBy Robert E. WellsJune 2002There is nothing most attorneys dread more than the pro se litigant. Not only is everything personal, but an attorney is required to forcefully advocate for his/her client, while meeting his/her ethical duty to the profession and his/her responsibility to the court