In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2020 Articles

Arbitration Clauses in Employment Relationships—Enforceable or Not? By Deborah Jo Soehlig October 2020 Beginning with the rash of sexual harassment allegations which spurred the #MeToo movement, arbitration clauses in employment agreements and handbooks have come under increasing scrutiny.
Case Briefs October 2020 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Case Briefs August 2020 Recent cases of interest to ADR practitioners.
Case Briefs April 2020 Recent cases of interest to ADR practitioners.
Case Briefs January 2020 Recent cases of interest to ADR practitioners.
Chair’s Column By Missy Greathouse October 2020 A note from the chair, Missy Greathouse.
Chair’s Column By Missy Greathouse August 2020 A note from the chair, Missy Greathouse.
The Collaborative Law Institute of Illinois Announces Name Change to Collaborative Divorce Illinois (CDI) October 2020 To better serve the divorcing public, the Collaborative Law Institute of Illinois is changing its name to Collaborative Divorce Illinois.
1 comment (Most recent October 18, 2020)
Collaborative Practice News August 2020 A look at recent events of the Collaborative Law Institute.
COVID-19 Sparks Renewed Interest in Online Dispute Resolution By Jay Schleppenbach April 2020 In the legal world, some are looking to online dispute resolution as a fitting solution for legal problems in the era of social distancing.
1 comment (Most recent May 8, 2020)
Discovery in the United States in Support of International Arbitrations By Hyun Yung (Julia) Lee January 2020 The rules and laws governing arbitration remain ambiguous in international disputes, and recent attention has been paid to the discovery process in international arbitration. 
Happenings January 2020 Recent ADR events and updates from around the country.
ISBA ADR Section Council Member Profile: Brigitte Bell By Brigitte Bell October 2020 A Q-&-A with Brigitte Bell, a member of the ADR Section Council.
ISBA ADR Section Council Member Profile: Douglas B. Warlick, JD, Mediator Collaborative Professional By Douglas B. Warlick August 2020 A spotlight on Douglas Warlick, member of the ADR Section Council.
Managing Mediations in the Virtual World: Perspectives of a Mental Health Professional and of an Attorney By Sandra Crawford & Margaret Powers August 2020 Practice tips for conducting mediations in a virtual setting.
Mediation Meditations: Imperfect Impartiality—Implicit Bias in Mediation By Laura A. Josephson-Bernat January 2020 Despite a mediator’s intent to be impartial, unconscious bias impacts neutrality in mediations.
Mediation Meditations: Mediation Competition—That’s Not an Oxymoron By Laura A. Josephson-Bernat August 2020 An interview with Case Ellis about the International Academy of Dispute Resolution.
Reflections on Ethics, Morality, and Codes of Personal Conduct By J.D. Jordan & Judge Michael S. Jordan, (ret.) April 2020 A reflection on morals and ethics.
Supreme Court Unanimously Upholds Enforcement of International Arbitration Agreements by or Against Nonsignatories By Jay Schleppenbach August 2020 In June, the U.S. Supreme Court stated in a unanimous opinion that international arbitration agreements may be enforced against non-parties on a theory of equitable estoppel.
Together We Can Teach New Ways to Resolve Grievances By Hon. Michael S. Jordan October 2020 A look at how video meetings can provide a safer, more efficient, and less costly way to resolve conflicts.
Uniform Collaborative Law Act/Rules Continue to Gain Traction Across the States By Kaitlin D. Wolff October 2020 A look at how the Uniform Collaborative Law Act is expanding throughout the United States.
U.S. Supreme Court to Hear Argument on Arbitrability Issues in Henry Schein Matter By John R. Schleppenbach October 2020 The United States Supreme Court will hear argument on December 8, 2020, in a matter that could potentially resolve important issues of arbitrability.