Choice of ADR method
By Robert E. Wells, Jr.
Alternative Dispute Resolution,
October 2016
The following checklist was prepared by Robert E. Wells, Jr. and was included in his presentation – “Mediation and Alternative Dispute Resolution: An Alternative to Litigation” at the Elder Law Bootcamp presented in April, 2016.
Positions versus interests (Part II)
By Robert E. Wells, Jr.
Alternative Dispute Resolution,
January 2014
The second part of an article that was originally published in this newsletter in February 2013.
London Mediation Tournament
By Robert E. Wells, Jr.
Alternative Dispute Resolution,
June 2011
A recap of this year's InterNational Academy of Dispute Resolution’s Tenth Annual International Law School Mediation Tournament, which took place in March.
Dealing with time limits
By Robert E. Wells, Jr.
Alternative Dispute Resolution,
April 2011
A fictional discussion of the importance of mediator credibility.
Time to make a difference
By Robert E. Wells, Jr.
Alternative Dispute Resolution,
December 2010
Law Day 2011 provides an ideal vehicle to re-emphasize the efforts and commitment of our profession to making this a better world. Check the next issue of this newsletter for details on how to get involved.
Knowing your limits
By Robert E. Wells, Jr.
Alternative Dispute Resolution,
May 2010
A fictional scenario highlighting medical ethics issues.
Trilogy of U.S. Supreme Court cases continues trend favoring arbitration
By Robert E. Wells, Jr.
Alternative Dispute Resolution,
November 2009
The U.S. Supreme Court issued three opinions which generally (but not universally) continues its trend favoring arbitration. These cases follow the reiterated federal policy favoring alternative dispute resolution, in general, and arbitration, in particular. However, unanimity is not a mainstay of the opinions issued.
Mediation limits / opportunities
By Robert E. Wells, Jr.
Alternative Dispute Resolution,
April 2008
Lack of injunctive relief and limitation on discovery are two perceived “weaknesses” of mediation. However, a closer examination reveals that perceptions may not be reality.
Inadequate disclosure by arbitrator results in award being vacated
By Robert E. Wells, Jr.
Alternative Dispute Resolution,
June 2006
The Fifth Circuit in Positive Software Solutions, Inc. v. New Century Mortgage Corp., No. 4-11432 (January 11, 2006) held that an arbitrator's failure to disclose his professional relationship with an attorney from one of the parties, justified the District Court's decision to vacate the arbitration award.
The jury system: Evolution of revolution
By Robert E. Wells, Jr.
Alternative Dispute Resolution,
April 2006
The jury system is under attack in Congress, in the Illinois Legislature, and in the press. Much of the criticism focuses on the perception of “run-away jury verdicts.”
Message from the Chair: Let the debate continue
By Robert E. Wells
Alternative Dispute Resolution,
May 2005
This Section Council looks forward to a healthy dialogue regarding the "best" style of mediation. Hopefully, the "debate" of this topic will expand our understanding of the dynamics of mediation and enhance our abilities and capabilities.
The wrong way to implement ADR
By Robert E. Wells
Alternative Dispute Resolution,
November 2002
AT&T found out that there are limits to the manner in which a company may implement a Mandatory Arbitration Provision.
Negotiating with pro se litigant
By Robert E. Wells
Alternative Dispute Resolution,
June 2002
There is nothing most attorneys dread more than the pro se litigant. Not only is everything personal, but an attorney is required to forcefully advocate for his/her client, while meeting his/her ethical duty to the profession and his/her responsibility to the court
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