ADR happeningsBy Megan BoanNovember 2006ADR updates from around the country.
ADR happeningsBy Megan BoanSeptember 2006After winning approval from the Securities and Exchange Commission, the New York Stock Exchange is moving to exclude a wider range of neutrals from acting on behalf of the public arbitrators in securities disputes.
ADR happeningsBy Megan Kawa & Samia ZayedFebruary 2006In December, Congressman Charlie Norwood (R-GA) introduced the bill H.R. 4503, supported by Lincoln Davis (D-TN) and Sam Graves (R-MO).
Arbitration preferred in domain name disputesBy Steve MroczkowskiNovember 2006According to a recent article* by Sheri Qualters of The National Law Journal, Internet domain name arbitration disputes have risen nearly a quarter since January 2005.
Arbitration: Why some general counsel have mixed feelingsBy Steve MroczkowskiSeptember 2006In a recent article appearing on law.com entitled “Arbitration’s Fall from Grace,” Lou Whiteman commented on the waning popularity of arbitration in the eyes of some corporate counsel in the United States.
Article and book reviewsBy Megan Boan & Whitney RobertsNovember 2006Jerome T. Barret, a United States expert on interest-based methods, and John O’Dowd, a consultant to labor and management organizations in Ireland, write on the widespread adoption of cooperative strategies in negotiations, problem solving, and dispute resolution as an indicator of a country’s maturation in collective bargaining.
Case summariesBy Steve MroczkowskiNovember 2006Recent cases of interest to ADR practitioners.
Case summariesBy Megan BoanSeptember 2006Morgan Stanley instituted arbitration proceedings against Laws to recover alleged deficit of $689,115 in Laws’ margin account.
Case summariesBy Kristi Hornickel, Megan Kawa, & Samia ZayedApril 2006Traveler's Casualty and Surety Co. (Insurer) and ACandS (Insuree) entered into a coverage agreement which included an arbitration clause.
Case summariesBy Kristi Hornickel & Samia ZayedMarch 2006Recent cases of interest to ADR practitioners.
Case summariesBy Megan Kawa & Samia ZayedFebruary 2006The Universal Service Fund filed a complaint at the district level alleging that defendants Sprint and AT&T collaborated with Worldcom in violation of the FCA and the Sherman Act.
Chair’s ColumnBy Stephen B. CohenNovember 2006A message from Section Chair Stephen B. Cohen.
Chair’s ColumnBy Stephen B. CohenSeptember 2006This is my first message to the members of the ADR Section Council and those interested in Alternative Dispute Resolution upon my vice becoming Chair of the ADR Section Council. During the years that I have been on the Section Council, we have had a very devoted and hard working Section Council.
A dispute resolution balancing actBy Stephanie CadyFebruary 2006As the field of mediation grows, the benefits of this method of alternative dispute resolution have become significant to the legal world.
FMCS study found mediation saved $9 billion for economyBy Megan KawaFebruary 2006A study was released in November by the Federal Mediation and Conciliation Service claiming that $9 billion has been saved for business and workers between 1999 and 2004 by the use of mediation in labor negotiations and work stoppages.
HappeningsBy Kristi Hornickel, Megan Kawa, & Samia ZayedJune 2006After ruling on a case in which an arbitrator decided to dismiss a case after inferring a one-year statute of limitation from an expired contract, the Fourth Circuit Court of Appeals clarified the conditions under which an arbitrator's decision can be vacated for manifest disregard of the law.
HappeningsBy Kristi Hornickel, Megan Kawa, & Samia ZayedApril 2006Consumer arbitration policy has been a hotly contested issue and the New Jersey Supreme Court took center stage in the debate when it heard arguments from two cases in February.
HappeningsBy Kristi Hornickel & Tracie HuntMarch 2006The Florida Supreme Court plans to a debate a proposal that, if implemented, would better inform mediation participants about their obligations and the process itself.
Inadequate disclosure by arbitrator results in award being vacatedBy Robert E. Wells, Jr.June 2006The Fifth Circuit in Positive Software Solutions, Inc. v. New Century Mortgage Corp., No. 4-11432 (January 11, 2006) held that an arbitrator's failure to disclose his professional relationship with an attorney from one of the parties, justified the District Court's decision to vacate the arbitration award.
International Alternative Dispute ResolutionBy Megan BoanNovember 2006“Bill 27” puts an end to mandating binding arbitration clauses in domestic contracts (Canada) The bill, which amends the Family Law Act, is supposed to address the unequal bargaining power existing in the arbitration of family law disputes in Canada.
International alternative dispute resolutionBy Steve MroczkowskiSeptember 2006Organizations such as the American Arbitration Association and the International Centre for Dispute Resolution (the international division of the AAA) have already taken action to promote Alternative Dispute Resolution internationally.
The jury system: Evolution of revolutionBy Robert E. Wells, Jr.April 2006The jury system is under attack in Congress, in the Illinois Legislature, and in the press. Much of the criticism focuses on the perception of “run-away jury verdicts.”
Message from the ChairBy Hon. Michael JordanJune 2006The 2005-2006 year has been moving faster than I had imagined when I moved up to Chair last spring under the presidency of Bob Downs.
Message from the ChairBy Hon. Michael JordanApril 2006I believe this edition of our newsletter has many issues to consider for our respective practices. Each article and case report selected usually becomes food for thought for me.
Message from the ChairBy Hon. Michael JordanMarch 2006As most of you are aware, the Illinois Supreme Court recently raised the dollar amount of Small Claims from $5,000 to $10,000 effective the beginning of 2006 with the resulting effect of having fewer cases subject to mandatory arbitration.