In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2026 Articles

2025 Joint Midyear Meeting Photos February 2026 The Illinois State Bar Association and the Illinois Judges Association proudly co-hosted the 2025 Joint Midyear Meeting on December 11–12 at the JW Marriott Chicago, bringing members of the legal community together for two days of connection and collaboration.
Become an Illinois Bar Foundation Champion By Jessica R. Durkin February 2026 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?
Case Briefs By ISBA ADR Section Council May 2026 Select case summaries that are relevant to alternative dispute resolution, including arbitration agreement did not bind plaintiff absent clear evidence of intent, contractual waiver of right to appeal is not clear, arbitration agreement without both parties' signatures was unenforceable, and more. 
Case Briefs By ISBA ADR Section Council March 2026 A compilation of case summaries relevant to alternative dispute resolution, including topics such as waiver of arbitration, sua sponte findings, deference to arbitral tribunals, and more. 
Case Briefs By Deborah Hawkins February 2026 A collection of case summaries that discuss alternative dispute resolution, from staying a petition to compel arbitration, to arbitration fees, and more! 
Federal District Courts Hold 9 U.S.C. § 402 Blocks Arbitration of Entire Cases Containing Sexual Harassment Disputes, Not Just Individual Sexual Harassment Claims By Jay Schleppenbach March 2026 Under the Federal Arbitration Act, courts must “rigorously enforce” arbitration agreements according to their terms, unless the FAA’s mandate has been “overridden by a contrary congressional command.” In 2022, Congress passed and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”).
Illinois Appellate Court Holds Fair Debt Collection Practices Act Claim Does Not Fall Within Scope of Arbitration Agreement By Jay Schleppenbach May 2026 The Illinois Appellate Court’s recent decision in Morris v. TrueAccord showed that even a broad clause will not necessarily encompass all potential disputes, as the court there concluded that a claim that arose under a federal statute and postdated the termination of the parties’ contract was not subject to arbitration under a broad clause.
Navigating the Rise of AI in ADR: Opportunities, Risks, and Ethical Considerations for Attorneys By Hon. Mary Colleen Roberts, (ret.) May 2026 Artificial intelligence (AI) is everywhere. Virtually every conversation these days involves AI and now this advanced technology seems to be on the cusp of transforming nearly every aspect of society. Despite all of its promise, there are significant pitfalls legal professionals, law firms, and the courts must consider as this technology becomes more pervasive. Unsurprisingly, the same issues faced by litigators are being experienced in the world of alternative dispute resolution (ADR).
The SEC Says It Will No Longer Consider Mandatory Arbitration Clauses Potential Roadblocks to Acceleration of Effectiveness of Registration Statements By Andrew L. Franklin February 2026 Securities and Exchange Commission Chairman Paul S. Atkins is on a mission to “Make IPOs Great Again.” In an Open Meeting Statement regarding the Policy Statement, Chairman Atkins acknowledged, “[t]he agency has, however, scrutinized registration statements filed by companies that have sought to include a mandatory arbitration provision in their governance documents—and injected uncertainty into whether these registration statements would be declared effective.” The September 2025 Policy Statement upends the SEC’s prior skepticism of mandatory arbitration provisions. The primary rationale for the policy shift is aligning SEC practices with recent Supreme Court case law.
Second Circuit Refuses To Compel Arbitration Under NFL Constitution, Which “Provides for Arbitration in Name Only” By Jay Schleppenbach February 2026 Arbitration agreements are generally enforceable even though they mean the parties give up certain procedural rights they would otherwise enjoy. Even though the standards for avoiding arbitration based on the design of the arbitration are high, they are not impossible to meet. The Second Circuit’s recent decision in Flores v. New York Football Giants, Inc. demonstrates where a court may refuse to compel arbitration when such procedure is “arbitration in name only.”
Spotlight on Court-Appointed Neutrals By Judge Ann Breen-Greco March 2026 The Southern California Mediation Association has done extensive work on promoting Court-Appointed Neutrals, most recently with a webinar that explores the benefits of Court-Appointed Neutrals, illustrating lessons that may be applicable for the effective administration of justice in Illinois.