Chair’s columnBy Champ W. Davis, Jr.June 2009A note from Chair Champ Davis Jr.
Chair’s ColumnBy Champ W. Davis, Jr. & Christine Polk MohrMarch 2009A note from the ADR Section Chair.
Court rules independent fees separable, must be arbitratedBy Alyssa VincentMarch 2009A California appeals court recently clarified the law on resolving disputes over independent counsel fees, ruling that the legislature clearly intended that arbitration serve as the sole forum for resolving these disputes to the exclusion of courts regardless of the presence of other claims in the case.
Fifth Circuit rules manifest disregard no longer grounds to vacateBy Jillian RuggieroMay 2009In light of last year’s ruling in the Hall Street case, the grounds listed in the FAA are the exclusive grounds to set aside an arbitration award and manifest disregard of the law as grounds for vacating an award “must be abandoned and rejected.”
From the EditorBy Thomas D. CavenaghOctober 2009An introduction to the issue from Editor Tom Cavenagh.
Functus Officio: Arbitration and reconsiderationBy Jon GilbertMay 2009F.R.C.P. 59 and Illinois Code Section 2-1203 are two vehicles by which a judgment may be revisited at the trial level and practitioners are used to relying on these provisions when legal errors present themselves.
A mediator’s perspectiveBy Andy JuneJune 2009An example of a speech intended to help motivate divorced parents in their mediation.
New Hampshire Justices rule ADR fees unconstitutionalBy Alyssa VincentMarch 2009In a December 31st opinion for Nancy Lamarche v. Stephanie McCarthy, the New Hampshire Supreme Court held that a $50 filing fee imposed on litigants who are referred to court-ordered alternative dispute resolution is constitutional, since the fee is a reasonable revenue-raising measure and does not deprive litigants of access to court.
Officers’ columnBy Jon Gilbert, Scott Carfello, & Kate DuncanNovember 2009 The Section Council most recently met on September 19, 2009 at the Chicago Regional Office of the ISBA.
Officers’ columnBy Jon Gilbert, Scott Carfello, & Kate DuncanOctober 2009A note from the ADR Section officers.