ADR and Mediation

Zombie Settlements

By Hon. Geraldine Soat Brown (ret.) & Lorence H. Slutzky
May
2019
Article
, Page 32
Nightmare settlements that claw their way back from the dead.s

Drawing a Wide Circle

April
2019
Article
, Page 20
A primer on the different forms of ADR.

Senate Bill 30

Topic: 
Workplace Transparency Act.

(Bush, D-Grayslake) creates the Workplace Transparency Act. It provides that employers may not require an employee or prospective employee to sign a nondisclosure agreement that contains any provision that has the purpose or effect of limiting the disclosure of sexual misconduct, retaliation, or unlawful discrimination; suppressing information relevant to an investigation into a claim of sexual misconduct, retaliation, or unlawful discrimination; impairing the ability of any person to report a claim of sexual misconduct, retaliation, or unlawful discrimination; or waiving a substantive or procedural right or remedy of any person relating to a claim of sexual misconduct, retaliation, or unlawful discrimination. Makes such agreements void as against public policy and unenforceable, and that agreements that contain such provisions but entered into before the effective date of the Act are voidable by a party who entered into the agreement under specified circumstances. Senate Bill 30 was just introduced. 

Ward v. Hilliard

Ward v. Hilliard
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2018 IL App (5th) 180214
Decision Date: 
Friday, October 5, 2018
District: 
5th Dist.
Division/County: 
Randolph Co.
Holding: 
Reversed and remanded.
Justice: 
OVERSTREET

Plaintiff filed complaint alleging that Defendants were negligent in management of her IRA. Parties' contract as to management of IRA included an agreement to arbitrate disputes stemming from the contract.Plaintiff acknowledged that, prior to signing account application, she understood that Defendants were agreeing to open and manage her IRA account in exchange for her agreement to arbitrate disputes arising from management of her account. Physical attachment is not required for a separate document to be incorporated by reference. Documents as a whole reveal intent of the parties to be bound to arbitration provisions. (WELCH and MOORE, concurring.)

Lane and Calkins Mediation Practice Guide

 

Bundled with a complimentary Fastbook PDF download!

Whether you're considering starting a new mediation practice or just looking to brush up on your skills, Lane and Calkins Mediation Practice Guide is a must-have book. Now in its Fourth Edition and published for the first time by the ISBA, this time-tested guide has long been the go-to book for mediators. The guide is written by respected experts Fred Lane and Richard M. Calkins who use it as the materials for their popular 40 Hour Mediation/Arbitration Training course.

The book covers everything from a basic overview of alternative dispute resolution to a detailed discussion of the psychology of mediation. You'll learn the mediation process, the roles of all parties involved, closing techniques, and creative approaches to settlement. Throughout the book, real-life case studies are provided to highlight and exemplify the ideas discussed. In the Appendices you'll find an overview of how to develop a mediation practice, a discussion of collaborative divorce, and excerpts from relevant statutes, standards, and rules. Order your copy today and pay a fraction of the price previously charged by for-profit publishers!
Author:
Fred Lane & Richard M. Calkins
Pub Date:
September 01, 2016
Format:
Softcover with complimentary PDF
Pages:
448
Member Price:
$65.00
Nonmember Price:
$100.00

 

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Kero v. Palacios

Kero v. Palacios
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2018 IL App (1st) 172427
Decision Date: 
Monday, July 23, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Affirmed.
Justice: 
MIKVA

Court properly granted motion of Defendant rehabilitation facility to compel arbitration of the negligence claims that Plaintiff filed against it. Affidavits and admission packet provides sufficient facts to support claim of Defendant that it is a party to the arbitration contract. Plaintiff failed to put forward any evidence of duress. The fact that Plaintiff was not told in advance that Defendant would give him an arbitration agreement to sign is not evidence of duress. factr(PIERCE and GRIFFIN, concurring.)

Goplin v. WeConnect, Inc.

Federal 7th Circuit Court
Goplin v. WeConnect, Inc.
Civil Court
Arbitration
Citation
Case Number: 
No. 18-1193
Decision Date: 
June 21, 2018
Federal District: 
W.D. Wisc.
Holding: 
Affirmed

Dist. Ct. did not err in denying defendant’s motion to dismiss plaintiff’s Fair Labor Standards Act claim on ground that said claim was subject to arbitration agreement that plaintiff signed with “Alternative Entertainment, Inc.” (AEI) when he began his employment, where Dist. Ct. found that defendant had failed to show that it was same company as AEI so as to allow defendant to enforce arbitration agreement. Fact that defendant submitted affidavit from its Director of Human Resources stating that defendant was formerly known as AEI, or that defendant presented more evidence in its motion for reconsideration did not require different result, since: (1) claim in affidavit was only conclusory; and (2) defendant’s supplemental evidence presented in motion for reconsideration was neither newly discovered nor unknown, and thus defendant should have proffered said evidence during pendency of motion to dismiss. Moreover, Dist. Ct. could properly note mention of both defendant and AEI in defendant’s website to support notion that defendant was separate entity from AEI, where plaintiff had alerted Dist. Ct. to defendant’s website in plaintiff’s briefing.

Radiant Star Enterprises, L.L.C. v. Metropolis Condominium Association

Radiant Star Enterprises, L.L.C. v. Metropolis Condominium Association
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2018 IL App (1st) 171844
Decision Date: 
Thursday, June 7, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
GORDON

Plaintiff company filed declaratory judgment action against condo association to enforce arbitration clause, seeking a ruling that association was required to arbitrate a dispute between parties, who were co-owners of property in downtown Chicago. Court properly found that under language of the parties' arbitration agreement, the party which has allegedly breached an arbitration clause as to one dispute may demand arbitration on a different, unrelated dispute.(BURKE and McBRIDE, concurring.)

Jones v. State Farm Mutual Automobile Insurance Co.

Jones v. State Farm Mutual Automobile Insurance Co.
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2018 IL App (1st) 170710
Decision Date: 
Thursday, May 31, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
ELLIS

Local Rule of Circuit Court of Cook County, instituting a mandatory arbitration program for certain commercial cases of $75,000 or less, that allows a party only 7 business days to reject arbitration award, is valid because Illinois Supreme Court authorized that program and thus approved any deviations between that program's rules and Supreme Court's Rules. Plaintiff, who failed to object within 7 days of entry of award, is bound by that judgment and may not voluntarily dismiss his suit to avoid that result. (BURKE and GORDON, concurring.)