In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2012 Articles

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In issue of first impression, First District addresses impact of arbitration award exceeding Illinois’ monetary limits on court-ordered arbitration By John R. Schleppenbach November 2012 Until recently, no Illinois court had addressed the impact of an arbitration award exceeding the Illinois Supreme Court's monetary limits. In June of this year, however, the First District in Babcock v. Wallace opined that such an award was erroneous, but nonetheless affirmed its enforcement because the party seeking to set it aside had failed to follow the appropriate procedural steps to do so.
ISBA President challenges Illinois lawyers to fight hunger By John E. Thies November 2012 ISBA President John Thies invites all law firms and legal organizations statewide to participate in a food and fundraising drive during the final two weeks in February 2013.
ISBA—It’s just the beginning. Get involved By Hon. Ann Breen-Greco & Sandra Crawford October 2012 An overview of the recent ISBA/JTBF Law & Leadership Institute, which was held over the summer at the John Marshall Law School.
Madison County Residential Mortgage Program showing success and increasing in popularity By Madalyn Phillips February 2012 The Madison County Residential Mortgage Program pairs homeowners, who wish to keep their homes, and the lender’s lawyers, with mediators to perform a two-hour mediation session. 
Mediations involving seniors By Terry Moritz & Heather Scheiwe Kulp February 2012 Elder law and mediation in Illinois is growing, but some challenges particular to elder law disputes should be considered.
Mobile apps column: “Picture It Settled” mobile app: Negotiating techniques meet 21st-century technology By Meghan Steinbeiss February 2012 A San Antonio mediation lawyer has developed the software for a mobile phone app designed for lawyers and mediators.
National Labor Board rules that AT&T Mobility ruling does not apply in work contracts By Casey Harter & Madeline Moton February 2012 The National Labor Relation Board recently made a controversial ruling that appears inconsistent with the U.S. Supreme Court ruling in AT&T v. Mobility a year ago. 
Nevada’s foreclosure program: Is it working? By Casey Harter November 2012 Several years later, there have been supporters who claim that Nevada's bill was a success, noting that of the 13,813 homeowners who participated in this program, 11,674 mediations resulted in no foreclosure. However, opponents are quick to point out that, of the participants, only about 11 percent were able to maintain their home through loan modification.
Ninth Circuit concludes issue of whether FAA’s Section One exceptions apply is nonarbitrable, But… By John R. Schleppenbach April 2012 Until the Ninth Circuit’s recent decision in In re Van Dusen, no federal appeals court had addressed whether the applicability of the exceptions to the Federal Arbitration Act’s coverage contained in Section One of that statute constituted a “question of arbitrability” that the parties could agree to arbitrate.
Of the Moment—Evaluating Mediation Programs: Tracking and reporting data By Terry Moritz & Heather Scheiwe Kulp January 2012 The second installment in this new column that will address developing ADR issues and initiatives in Illinois and throughout the country.
Resource officers’ implementation in Macomb schools By Madalyn Phillips April 2012 The Macomb City Council recently approved an agreement which allows a resource officer to be assigned at Project Insight, an alternative school which serves junior and senior high students who have behavioral issues.  
Should the Supreme Court be televised? By Meghan Steinbeiss May 2012 It is not probable that we will ever see the full operations of the Supreme Court as the Justices hold the final vote in whether or not their activities will be televised.
Small claims court mediation in Will County By Robert Berliner May 2012 An overview of the 12th Judicial Circuit's free mediation program, which began offering its services in March 2010.
The state of community mediation: NAFCM’s 2011 findings By Shauntal Van Dreel May 2012 The National Association for Community Mediation (NAFCM) recently released The State of Community Mediation: 2011 Report, provides an up-to-date summation of where the community mediation field stands, what it has accomplished, and where its future may lead.
Stop the killing By Hon. Ann Breen-Greco May 2012 Many schools have ADR practices written into their Code of Conduct but somehow it is not working as well as it should.
Strength of arbitration clauses upheld in Marmet Health Care Center, INC., v. Clayton Brown By Madeline Moton April 2012 The Supreme Court restated that federal law preempts anystate law which attempts to prevent arbitration in instances where arbitration is agreed upon or required within a contract on the basis of “a particular type of claim.”
Training current and future attorneys in ADR practice By Terry Moritz & Heather Scheiwe Kulp April 2012 A look at some ADR training programs designed to provide valuable learning experiences.
Two government agencies make decisions that ensure class arbitration in select cases By Casey Harter April 2012 The two agencies are the Financial Industry Regulatory Authority (FINRA), and the National Labor Relations Board (NLRB).
U.S. Supreme Court reverses decision Ninth Circuit in CompuCredit Corp. v. Greenwood By Meghan Steinbeiss February 2012 The United States Supreme Court recently reversed and remanded a decision made by the Ninth Circuit Court of Appeals which upheld the Northern District Court of California decision to void a pre-dispute arbitration agreement.  
Using mediation in child custody disputes could prevent violence By Em Rademaker April 2012 Illinois is among the few states in which custody mediation is mandatory.

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