In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2018 Articles

American Bar Association Women in Dispute Resolution By Judge Ann Breen-Greco December 2018 The goals and objectives of the ABA's Women in Dispute Resolution.
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 By Hannah Friedle December 2018 Recent cases of interest to ADR practitioners.
Case briefs By Hannah Friedle, Madeline Derango, Raine Odom, Samantha Hasiewicz, & Reagan Quynn November 2018 Recent cases of interest to ADR practitioners.
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, & Breanna Hornbostel February 2018 Recent cases of interest to ADR practitioners.
Chair’s column By Sandra Crawford December 2018 A note from the chair of the Alternative Dispute Resolution Section, Sandra Crawford.
1 comment (Most recent January 8, 2019)
Chair’s column By Sandra Crawford November 2018 An introduction to various members of the ADR Section Council and the amazing variety of work and professional activities that go on under the ADR umbrella in Illinois.
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.
Do new international agreements indicate a downward trend of investor-state arbitration? By Hannah Friedle & Tanner James December 2018 A discussion of the unique challenges private companies face when entering an agreement with a state controlled entity.
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.
Environmental law column By Kel Goff December 2018 The use of conflict resolution in finding a solution that benefits both the planet and those in distress is critical in energy and environmental law.
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 November 2018 A note of welcome to the student editors for the upcoming bar year.
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 By Reagan Quynn & Hannah Friedle December 2018 Recent ADR events and updates from around the country.
Happenings By Raine Odom November 2018 Recent ADR events and updates from around the country.
1 comment (Most recent April 11, 2019)
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.
Inaccessibility suggests illegitimacy when it comes to arbitration agreements By Samantha Hasiewicz November 2018 A number of the recent issues examined in the courts indicate a growing need for increased accessibility when it comes to arbitration agreements.
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.
1 comment (Most recent June 21, 2018)
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.