In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2013 Articles

Application of arbitration agreements in tort law limited to the contractual parties By J. Timothy Eaton May 2013 In Carter v. SSC Odin, The Illinois Supreme Court reaffirmed its support for arbitration agreements in general but limited their application in tort law to only those injured parties who signed the arbitration agreement.
Case briefs By Kyler Juckins, Jerremy Wiker, & Brandon Sarkauskas October 2013 Recent decisions of interest to ADR practitioners.
Case briefs By Casey Harter, Madalyn Phillips, & Taryn Vaughan May 2013 Recent cases of interest to ADR practitioners.
Case briefs By Casey Harter, Madalyn Phillips, & Taryn Vaughan February 2013 Recent cases of interest to alternative dispute resolution practitioners.
The cost of arbitration By Hon. Michael S. Jordan October 2013 Any experienced advocate or arbitrator knows that increasing costs are difficult to sell to the parties and the public so a challenge exists to think out of the box to manage the costs.
FAA’s “National Policy Favoring Arbitration” trumps state courts from courts ruling on validity of underlying contract where there is a valid arbitration clause By J. Timothy Eaton February 2013 Where an attack is being made on the validity of the contract that contains an arbitration clause, and not on the arbitration clause itself, it should be resolved by the arbitrator and not be the subject of judicial determination. Conversely, if the attack is on the arbitration provision, that is a matter for initial court determination.
Fifth Circuit holds personal jurisdiction needed to confirm foreign arbitration award By John R. Schleppenbach February 2013 The Fifth Circuit has added to the emerging trend of allowing petitions to confirm foreign arbitration awards to be dismissed based on a lack of personal jurisdiction.
First District finds waiver of right to force individual arbitration of class action claims By John R. Schleppenbach October 2013 A corporate litigant in the First District case of Bovay v. Sears, Roebuck & Co. recently argued that it had not waived its right to arbitrate by failing to assert it during approximately a decade of litigation.
From the editor By Thomas D. Cavenagh October 2013 A message from Editor Tom Cavenagh.
Happenings By Jon Kingzette October 2013 ADR events and updates from around the country.
Happenings By Casey Harter, Madalyn Phillips, & Taryn Vaughan May 2013 Mediation updates from around the country.
Happenings By Casey Harter, Madalyn Phillips, & Taryn Vaughan February 2013 Mediation updates from around the country.
Illinois Supreme Court revisits enforceability of nursing home arbitration agreements By John R. Schleppenbach May 2013 The enforceability of arbitration clauses contained in nursing home admission agreements has recently become a subject of increased debate throughout the United States.
In politics, the middle way is none at all By Robert E. Wells, Jr. February 2013 A fictitious conversation highlighting the importance of listening.
ISBA—It’s just the beginning By Hon. Ann Breen-Greco October 2013 An overview of the recent ISBA/JTBF Law & Leadership Institute, which was held in August at the John Marshall Law School.
National policy favoring class arbitration reaffirmed By Mark Rouleau October 2013 In the intervening period since the Supreme Court decision in Stolt-Nielsen S.A. v. Animal Feeds International, many courts and parties have been left wondering if arbitration on a class-wide basis could ever be sustained. Recently the Supreme Court answered this question preserving arbitration on a class basis.
Nevada foreclosure mediation reviewed by Nevada Supreme Court By Casey Harter February 2013 In Nevada, the question of the constitutionality of the Nevada Foreclosure Mediation Program is receiving consideration.
Restorative justice: A framework worth considering By Madalyn Phillips May 2013 Overall, the Restorative Justice framework when used in the Juvenile Justice system allows communities to come together to make things right in their community and with one another again.
RSI publishes study on foreclosure mediation and provides suggestions for improvement By Casey Harter May 2013 Although a number of different goals exist when it comes to foreclosure mediation, a common problem is that most programs aren’t tracking whether these goals are being achieved.
Writing for the ISBA: MCLE credit and newsletter authors October 2013 Learn how writing for an ISBA newsletter can earn you MCLE credit.