Section Newsletters

Articles on Alternative Dispute Resolution

Case Briefs By ADR Section Council Alternative Dispute Resolution, November 2024 Summaries of written decisions issued in nine cases of interest to ADR practitioners.
Jordan Chiles Olympics Controversy Highlights Arbitral Issues By Jay R. Schleppenbach Alternative Dispute Resolution, November 2024 On August 10, 2024, United States Olympic gymnast Jordan Chiles made headlines when the Court of Arbitration for Sport (CAS) overturned her bronze-medal finish in the gymnastics floor exercise finals of the Paris Olympics and instead held that bronze should be awarded to a Romanian gymnast. Chiles has appealed the CAS’s decision to the Swiss Supreme Court. Whatever the merits of that appeal may be, the controversy has brought arbitration issues into the limelight in an interesting way.
New Federal Reporting Requirement for Your Law Firm This Year By Annette Fernholz Alternative Dispute Resolution, November 2024 A new rule under the Corporate Transparency Act now requires many businesses in the United States, including small law firms, to report information about who ultimately owns or controls them to the Financial Crimes Enforcement Network.
Building a Better Tomorrow: Discussing & Dismantling Barriers Faced by Women of Color in the Legal Profession By Akanksha Balekai Bench and Bar, September 2024 For the first time in history, the majority of associates at major law firms are women.  While this undoubtedly signals progress in the legal profession, much remains to be desired for women of color.
Capping Arbitration: India’s Contentious Policy Shift By Menaka Sawhney Alternative Dispute Resolution, September 2024 A critical examination of India’s recently released office memorandum, “Guidelines for Arbitration and Mediation in Contracts of Domestic Public Procurement.”
Case Briefs Alternative Dispute Resolution, September 2024 Summaries of written decisions issued in seven cases of interest to ADR practitioners.
IBA Updates Guidelines on Conflicts of Interest in International Arbitration By Jay R. Schleppenbach Alternative Dispute Resolution, September 2024 A look at the updated IBA Guidelines on Conflicts of Interest in International Arbitration.
If Tomorrow Never Comes …. (A message to my judicial colleagues) By Hon. April Troemper Bench and Bar, September 2024 LIFE IS A GIFT. Each of us was born in this moment in time … not a hundred years ago, but now. Who we encounter, what we do, where we go, what we say, how we treat others professionally and personally … it all matters.
Supreme Court Clarifies That Courts Must Stay Rather than Dismiss Cases Referred to Arbitration By Stephen I. Lane Alternative Dispute Resolution, September 2024 In Smith v. Spizzirri, a court cannot deny a party's request for a stay pending arbitration and dismiss the case. Section 3 of the FAA compels the court to issue a stay.
A Tale of Two Licenses By Michael G. Cortina Bench and Bar, September 2024 “No person shall be eligible to be a Judge or Associate Judge unless he is a United States citizen, a licensed attorney-at-law of [Illinois], and a resident of the unit which selects him.” 
Upcoming Events Alternative Dispute Resolution, September 2024 Mark your calendars for an upcoming video replay of a Master Series CLE event presented by the ISBA.
What Is the Judicial Performance Evaluation Program?: Insights from a Facilitator By Mitchell L. Hoffman Bench and Bar, September 2024 Judges, just like the attorneys who practice in their courtrooms, benefit greatly from feedback on how well they’re performing in their jobs. While attorneys typically work closely with their peers, and likely undergo regular performance reviews in their law firms, this process is more difficult for judges.
What’s New in the World of Arbitration: Hot Topics and Big Changes By Kristen E. Hudson Alternative Dispute Resolution, September 2024 An arbitration primer and key best practices.
Case Briefs Alternative Dispute Resolution, July 2024 Summaries of recent cases of interest to alternative dispute resolution practitioners.
States Split on Arbitrability of Wrongful Death Claims By Jay Schleppenbach Alternative Dispute Resolution, July 2024 Arbitration practitioners need to be aware that the arbitrability of wrongful death claims is a disputed issue.
Case Briefs Alternative Dispute Resolution, April 2024 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Adjudication vs. ADR in Family Law, in Search of Deeper Dialogue and Understanding By Sandra Crawford, J.D. Alternative Dispute Resolution, February 2024 The model of conflict resolution a client uses to address their legal disputes can have a profound impact on things like how long they will be in process and how sustainable their outcomes will be.
Artificial Intelligence and ADR By Judge Ann Breen-Greco Alternative Dispute Resolution, February 2024 A brief overview of how artificial intelligence can assist in mediations.
Case Briefs Alternative Dispute Resolution, February 2024 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Eleventh Circuit Rejects Challenge to Arbitral Award Based on Arbitrators’ Failure to Disclose Potential Conflicts By Jay Schleppenbach Alternative Dispute Resolution, February 2024 When can an arbitrator’s failure to disclose potential conflicts jeopardize the enforceability of the arbitral award? The eleventh circuit’s recent decision in Grupo Unidos Por el Canal, S.A. v. Autoridad del Canal de Panama provided some interesting guidance.
ISBA ADR Section Council Member Profile: Jessica Hudspeth By Missy Greathouse Alternative Dispute Resolution, February 2024 A member spotlight on Alternative Dispute Resolution Section Council Member Jessica Hudspeth.
From One Divorce Lawyer’s Inspiration to a Nobel Prize Nomination: The Collaborative Law Story By Sandra Crawford, J.D. Alternative Dispute Resolution, November 2023 Among the 93 organizations nominated for the 2023 Nobel Peace Prize is the International Association of Collaborative Professionals.
United States Supreme Court Holds District Courts Must Stay Proceedings While Interlocutory Appeals on Arbitrability Are Pending By Jay Schleppenbach Alternative Dispute Resolution, November 2023 The Federal Arbitration Act explicitly authorizes an interlocutory appeal from the denial of a motion to compel arbitration, but the United States circuit courts have long been split on whether district courts must stay proceedings before them during the course of such an appeal.
The Case for Voluntary Binding Arbitration in Family Law Cases By Shana L. Vitek & James M. Quigley Alternative Dispute Resolution, August 2023 The recent adoption of Illinois Supreme Court Rule 909 regarding the use of parenting coordinators highlights the many benefits of choosing alternative dispute resolution in domestic relations matters.
Proving an Arbitration Agreement Unconscionable: Difficult, But Not Impossible By Jay Schleppenbach Commercial Banking, Collections, and Bankruptcy, April 2023 Avoiding arbitration on grounds of unconscionability remains a difficult task, but it is not impossible
Proving an Arbitration Agreement Unconscionable: Difficult, But Not Impossible By Jay Schleppenbach Alternative Dispute Resolution, March 2023 Avoiding arbitration on grounds of unconscionability remains a difficult task, but it is not impossible
Case Briefs Alternative Dispute Resolution, March 2021 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Obtaining Third-Party Discovery in Arbitration Is Not Guaranteed By Nicholas A. Gowen Alternative Dispute Resolution, March 2021 Arbitration is an efficient way of resolving complex commercial matters, but there is no guarantee that you will be able to obtain third-party discovery as in federal or state court litigation.
Teamwork Essential to the Practice of Collaborative Process By Sandra Crawford Alternative Dispute Resolution, March 2021 The International Academy of Collaborative Professionals promulgates standards and ethics for professionals practicing collaborative law.
What Every Illinois Estate Planner Should Know About Elder Mediation (Part 1) By Roselyn L. Friedman Trusts and Estates, March 2021 Mediation can be a helpful tool for managing family disputes while protecting the lawyer from unnecessary risk.

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