In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2025 Articles

AI and Law: An Opportunity to Improve Legal Practice By Damien Riehl February 2025 Recent exponential leaps in advanced large language models have presented both opportunities and challenges that have the capacity to reshape the legal landscape.
Case Briefs By ADR Section Council November 2025 Summaries of recent case decisions that may impact forms of alternative dispute resolution, including waiving arbitration in class action suits, enforcing arbitration agreements under third-party beneficiary theory, the consequencse of failing to comply with arbitral administrator's rules, severing unconscionable portions of arbitration clause agreements, and more. 
Case Briefs By ADR Section Council August 2025 Summaries of federal cases dealing with issues ranging from motions to compel arbitration, illusory arbitration agreements, delegation clauses, and more! 
Case Briefs By ADR Section Council February 2025 Summaries of written decisions issued in five cases of interest to ADR practitioners.
Case Briefs By ADR Section Council January 2025 Summaries of written decisions issued in nine cases of interest to ADR practitioners.
CFPB Permanently Bans Company from Arbitrating Consumer Financial Disputes By Jay R. Schleppenbach January 2025 The federal government exercises oversight over arbitration, for instance through legislation exempting certain classes of disputes from arbitration or delegating to agencies the power to regulate arbitration clauses in certain types of contracts. In October 2024, a more obvious form of oversight came to public view when the Consumer Financial Protection Bureau entered a consent order permanently banning Ejudicate, Inc. from arbitrating consumer financial disputes.
Development of the Restorative Justice Movement in Northern Ireland By Judge Ann Breen-Greco January 2025 Restorative justice as a concept dates back centuries, emphasizing accountability, reparations, and community engagement over punishment. It focuses on repairing harm caused by crime through dialogue and understanding among affected parties. In Northern Ireland, the adoption of restorative practices was shaped significantly by the aftermath of “The Troubles.” Communities felt that traditional punitive approaches, especially those implemented by the British-controlled judicial system, often exacerbated mistrust and division rather than healing.
Expanding the Reach of Mediation: The State-Wide Vision of the Southern California Mediation Association (SCMA) By Judge Ann Breen-Greco November 2025 The Southern California Mediation Association (SCMA) may be paving the way for expansion of mediation services. Recently, the SCMA has evolved from a regional to a state-wide organization, positioning itself as the largest mediation organization in California, and expanding access to mediation services within the state. 
Getting Help: It’s OK November 2025 Resources for lawyers who are struggling with substance abuse issues or mental health conditions.
ISBA 2025 Solo and Small Firm Conference Photos November 2025 The Illinois State Bar Association hosted the 2025 Solo and Small Firm Conference: The Innovative Lawyer: Smart Strategies for Small Firms in the Age of AI on September 25–26 at the Embassy Suites in Naperville, IL.
The Law: A Proverbial Hammer or Shield in Collaborative Practice? By Sandra Crawford, J.D. February 2025 The Collaborative Process aims to help clients find customized solutions that meet their self-identified needs while understanding the legal framework. In collaborative law, transparency is crucial in fostering effective conflict resolution. It involves openly sharing information, including legal perspectives and potential outcomes, with all participants. 
LAWPAC Needs You! February 2025 The Illinois Lawyers’ Political Action Committee (LAWPAC) needs your help to fulfill its mission to support the legislative goals of the ISBA and Illinois’ legal community.
Ninth Circuit Provides Guidance on What Constitutes Assent to an Arbitration Clause in the Digital Context By Jay Schleppenbach August 2025 In Chabolla v. ClassPass, the Ninth Circuit explores how complex notice and assent can be for digital arbitration agreements. 
Singapore International Arbitration Center Amends Rules to Enhance Emergency Arbitrator Procedure, Third-Party Funding Provisions By Jay R. Schleppenbach February 2025 On January 1, 2025, the seventh edition of the Singapore International Arbitration Center (SIAC) Rules went into effect. The changes from prior versions of the SIAC Rules are more than just ministerial and several potentially impactful substantive revisions have been made.
Supreme Court Rejects “Minimum Contacts” Requirement To Enforce Arbitration Awards Against Foreign States By Jay Schleppenbach November 2025 The Supreme Court’s recent decision in Devas illustrates the pro-arbitration leaning of the United States legal system. Companies that arbitrate in the United States and abroad should take comfort that this remains a favorable jurisdiction to seek enforcement of arbitration awards, even where those awards involve foreign states or state-owned entities.
Upcoming Events By ADR Section Council August 2025 Learn more about upcoming mediation trainings and the 2025 ADR Summit.
Want To Skip the Bar Exam? Some States Are Offering Alternatives to the Traditional Test By Peter Rotskoff August 2025 An overview of different approaches states are taking to implement alternatives to the traditional bar exam for attorney licensure. 
1 comment (Most recent August 18, 2025)
What Is the Remote Practice of Law? By Stephen B. Cohen January 2025 In this article, the author emphasizes and describes how a major event affecting all aspects of society has changed many traditional aspects of the practice of law.