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

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Newsletter Articles From 2019

ABA House passes Resolution 107B, limiting mandatory arbitration By Madeline Derango April 2019 In January 2019, the American Bar Association House of Delegates passed Resolution 107B, stating that employers should not require mandatory arbitration in any cases involving discrimination, harassment, and retaliation.
Association of attorney-mediators files amicus memorandum to protect mediation confidentiality By Robert Berliner April 2019 Our mediation community must be vigilant in responding to threats to confidentiality of mediation communications.
Canadian court deems Uber arbitration clause invalid By Reagan Quynn April 2019 In early January, a Canadian appellate court declared the arbitration clause for Uber drivers invalid.
Case briefs By Madeline Derango, Samatha Hasiewicz, Reagan Quynn, and Raine Odom May 2019 Recent cases of interest to ADR practitioners.
Case briefs By Madeline Derango, Samantha Hasiewicz, Reagan Quynn, and Raine Odom April 2019 Recent cases of interest to ADR practitioners.
Chair’s column By Sandra Crawford May 2019 A note from the chair, Sandra Crawford.
Chair’s column: ADR pro bono in Illinois By Sandra Crawford April 2019 A note from the chair, Sandra Crawford.
Civil stalking mediation in Ohio By Reagan Quynn May 2019 A pilot program was developed to address the increase in civil stalking petition filings.
Environmental law column By Kel Goff May 2019 Summaries of environmental law cases of interest.
Environmental law: Review of ‘Environmental Disputes, Community Involvement in Conflict Resolution’ By Kel Goff April 2019 A summary of the book "Environmental Disputes, Community Involvement in Conflict Resolution" by James E. Crowfoot and Julia M. Wondolleck.
First circuit declines to order arbitration due to lack of evidence blind plaintiffs were aware of arbitration clause By John R. Schleppenbach April 2019 The first circuit’s decision in National Federation of the Blind v. The Container Store, Inc. serves as a caution that arbitration clauses should be made conspicuous to ensure their enforceability.
First Judicial Circuit Pro Bono Family Mediation Program By Missy Greathouse April 2019 Dispute Resolution Institute, Inc. has provided pro bono family mediation services to the first judicial circuit for the last nine years and is the only pro bono mediation organization available to the courts and families in southern Illinois.
Google ends mandatory arbitration in response to employee discord By Samantha Hasiewicz May 2019 In November, 20,000 Google employees walked out in protest to draw attention to how the company handles sexual misconduct claims.
Happenings By Raine Odom and Reagan Quynn May 2019 Recent ADR events and updates from around the country.
Happenings By Raine Odom April 2019 Recent ADR events and updates from around the country.
National Coalition on Dialogue and Deliberation By Missy Greathouse April 2019 An interview with Courtney Breese, the managing director of the National Coalition on Dialogue and Deliberation.
New Jersey legislature passes legislation barring mandatory arbitration of discrimination claims By Jay Schleppenbach April 2019 New Jersey's legislature recently passed a bill that would prohibit employers from enforcing mandatory pre-dispute arbitration provisions.
New legislation proposed to end mandatory arbitration in consumer and employee cases By Madeline Derango May 2019 In February, new legislation to prohibit the use of mandatory arbitration clauses in employee and consumer disputes was proposed.
Social justice column: ‘HATE: Why We Should Resist It with Free Speech, Not Censorship’ By Reagan Quynn May 2019 A review of the book ‘HATE: Why We Should Resist It with Free Speech, Not Censorship.'
Social justice: ‘Justice on Both Sides’ By Reagan Quynn April 2019 A summary of the book "Justice on Both Sides."
Technology and ADR By Madeline Derango May 2019 Artificial intelligence has the potential to drastically change international arbitration, which poses unique challenges for arbitrators.
Technology and ADR: Data breaches - Class action waivers and consumer concerns By Madeline Derango April 2019 As corporations, consumers, and everyday people have taken life online, personal data has become more vulnerable to cyber crimes.