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In the Alternative
The newsletter of ISBA’s Section on Alternative Dispute Resolution

Browse articles by year: 2018 (22) 2017 (32) 2016 (31) 2015 (31) 2014 (34) 2013 (20) 2012 (50) 2011 (27) 2010 (38) 2009 (33) 2008 (40) 2007 (20) 2006 (38) 2005 (34) 2004 (14) 2003 (24) 2002 (33) 2001 (21) 2000 (37) 1999 (16)

Newsletter Articles From 2018

Blessing or curse: Having an eclectic ADR practice By Hon. Michael S. Jordan, (ret.) June 2018 The pros and cons of affiliating your alternative dispute resolution practice with an entity that requires an exclusive relationship.
Case briefs June 2018 Recent cases of interest to ADR practitioners.
Case Briefs May 2018 Recent cases of interest to ADR practitioners.
Case briefs By Jacob Walls, Blake Mitchell, and Breanna Hornbostel February 2018 Recent cases of interest to ADR practitioners.
Chair’s column By John R. Schleppenbach May 2018 A message from the Section on Alternative Dispute Resolution's chair, John Schleppenbach.
Chair’s column: The future of ADR By John R. Schleppenbach February 2018 A message from ADR Section Chair John Schleppenbach.
Collaborative Process Act takes effect in Illinois By Kaitlin Dohse Wolff February 2018 The Collaborative Process Act, Public Act 100-205, is one of many new Illinois laws that went into effect on January 1.
Collaborative process and lawyers as “Public Citizens” By Sandra Crawford February 2018 This article lays out why the dispute resolution model, known as Collaborative Process, helps lawyers achieve all four obligations set out in the Rules of Professional Conduct and how this in turn benefits individual clients and the legal system as a whole.
Editor’s note By Thomas Cavenagh May 2018 A note from the editor, Thomas Cavenagh.
Eleventh Circuit rejects waiver claim and allows motion to compel arbitration after nearly 10 years of litigation By John R. Schleppenbach June 2018 The Eleventh Circuit recently rejected a waiver argument in Gutierrez v. Wells Fargo Bank, NA, even though the litigation had been pending for nearly 10 years before a formal motion to compel arbitration was made.
Ethics in law and mediation By Thomas Semanic May 2018 When deciding on a a career path, it is important to look at the ethical dilemmas you are likely to face at some point in that profession.
From the editor By Thomas Cavenagh June 2018 An introduction to the issue by Thomas Cavenagh, the ADR Section's editor.
Good riddance to the CFPB’s arbitration rule, but oversight still needed By Barbara Starke Tishuk February 2018 Rather than throw out the good with the bad, the arbitration issue should be re-examined with a fresh set of eyes. To that end, rather than a broad, fiercely anti-business arbitration regulation, a narrowly tailored approach that specifically targets those provisions in arbitration agreements that are most problematic is a better way of reining in any abuses associated with consumer pre-dispute arbitration agreements.
Happenings June 2018 Recent ADR events and updates from around the country.
Happenings May 2018 Recent ADR events and updates from around the country.
Happenings By Blake Mitchell February 2018 Recent ADR events and updates from around the country.
Is peer mediation appropriate as a response to bullying? By Gail Friedman June 2018 Many schools use peer mediation and conflict resolution to address bullying problems, however, researchers have discovered that this is not a recommended course of action when bullying is involved.
Know someone who has made a difference by providing pro bono or volunteer services? We want to hear about it! By Sandra L. Morris February 2018 The ISBA Standing Committee on Delivery of Legal Services presents up to four awards each year recognizing the outstanding efforts of legal professionals working to provide access to justice.
Lawmakers consider custody laws in Illinois By Jacob Walls May 2018 Legislators recently addressed whether they will change Illinois’ divorce laws.
Perspectives from the bench: Family law mediation 101 By Hon. Michelle A. Vescogni June 2018 It is the responsibility of a family law practitioner to explain the mediation process to the client and prepare them for mediation prior to the initial mediation session.
The promises and perils of asserting the mediation privilege By Anna A. Corcoran and David C. Thies May 2018 The mediation privilege purports to offer strong protection for communications that occur during the course of mediation, but attorneys must nevertheless be careful to avoid any number of pitfalls when asserting the privilege.
Upholding or striking consumer mandatory arbitration clauses: What is the current trend? By David W. Inlander and Deborah Jo Soehlig May 2018 Recent cases have addressed situations that call into play the issues raised by mandatory arbitration clauses and class action waivers in form agreements.