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2007 Articles

Advancing conflict resolution in the business sector By Steve Mroczkowski February 2007 The following is a summary of the key points of an article taken from the Winter 2005 issue of ACRESOLUTION.
Arbitration alternatives By Champ W. Davis, Jr. October 2007 Arbitration is a common form of dispute resolution.
Cases October 2007 Recent cases of interest to ADR practitioners.
Cases By Megan Boan & Steve Mroczkowski May 2007 Bono brought a defamation suit against David relating to a joint development project.
Cases By Megan Boan & Steve Mroczkowski March 2007 Volkswagen of American and Sud’s of Peoria signed a construction agreement which contained an arbitration clause, a loan agreement, and an agreement to facilitate the opening of a Volkswagen dealership.
Cases By Megan Boan & Steve Mroczkowski February 2007 Subscribers entered into cable television contracts with Comcast. Comcast mailed notices that modified the contracts to include an arbitration clause.
Chair’s Column By Stanley N. Wasser October 2007 Welcome to the 2007-08 ISBA Alternative Dispute Resolution Section Council season. I want to begin by thanking ISBA President Joseph Bisceglia for appointing me as this year’s section council chair.
Chair’s column By Stephen B. Cohen March 2007 This has been an exciting and successful year for our Section Council. Our first seminar concentrated on different forms and methods of Civil Case Mediation, Mediation Ethics and views from the Bench and Bar relating to the Supreme Court enabling legislature for the Cook County Local ADR Rules and the Uniform Mediation Act.
Domestic ADR Happenings By Whitney Roberts March 2007 The State Bar of Texas’ ADR section is drafting new legislation to eliminate the confusion regarding appellate motions for state and federal cases.
Editor’s note By Thomas D. Cavenagh October 2007 We welcome and are grateful for contributions to this newsletter from members of the section.
“Evident Partiality” in an arbitration proceeding By Jon Gilbert October 2007 I have previously discussed the first statutory ground for vacating an award in this newsletter and now move on to the second.
Happenings By Megan Boan & Steve Mroczkowski 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.
Happenings February 2007 Senator Tom Harkin (D-IA) has introduced a bill that would limit the use of the mandatory arbitration clause in farm contracts under the Federal Arbitration Act, The Fair Contract for Growers Act of 2007.
The history of United Nations mediation in the Darfur conflict By Whitney Roberts 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.
“Insuring” success: Arbitrating insurance coverage disputes in London By Lorelie S. Masters October 2007 Today, Bermuda is one of the largest markets for commercial property casualty insurance.
International ADR happenings By Steve Mroczkowski March 2007 The United Nations’ highest court exonerated Serbia of direct responsibility for genocide in Bosnia in the early 1990s but ruled that Serbia failed to prevent the genocidal slaughter of Bosnian Muslims at Srebrenica.
International happenings By Steve Mroczkowski February 2007 The International Centre for Dispute Resolution, the international division of the American Arbitration Association, hosted a delegation of representatives from the Inter-American Commercial Arbitration Commission (IACAC) and members of the American Chambers of Commerce (AMCHAMs) of Latin America (AACCLA).
Mediation: A distinct profession By Steve Mroczkowski February 2007 In 2002, the American Bar Association’s Section of Dispute Resolution adopted a policy stating that, conducted properly, mediation is not the practice of law.
A summary: Arbitrator misconduct: Liability and immunity By Megan Boan February 2007 The common belief would be that an arbitrator who is guilty of wrongdoing during an arbitration would be liable to the party or parties, which is precisely why conflict resolution practitioners can acquire liability insurance.
Vacating an arbitration award: Giving meaning to “undue means” By Jon Gilbert February 2007 Section 12(a) of the Illinois version of the Uniform Arbitration Act ( 710 ILCS 5/12) sets forth the statutory grounds for attacking and vacating an award.