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 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”).
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.