Section Newsletters

Articles on Alternative Dispute Resolution

Tenth Circuit declines to compel arbitration due to conflicts in arbitration agreements By John R. Schleppenbach Alternative Dispute Resolution, January 2017 The Tenth Circuit’s recent decision in Ragab v. Howard declined to enforce several arbitration agreements because the different procedures specified in the different clauses suggested there had been no meeting of the minds as to the desire to arbitrate.
Case briefs By Ann Nenoff, Hubert Zanczak, Suheily Ortiz, & Upasna Barath Alternative Dispute Resolution, October 2016 Recent cases of interest to ADR practitioners.
Celebrating ADR By Sandra Crawford Alternative Dispute Resolution, October 2016 This year’s celebration of Mediation Week will take place between October 16th and 22nd.
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.
Fourth Circuit declines to enforce arbitration agreement purporting to waive application of federal law By John R. Schleppenbach Alternative Dispute Resolution, October 2016 The Fourth Circuit in Hayes v. Delbert Services Corporation recently declined to enforce an arbitration clause on the grounds that it contained a waiver so extreme that it rendered the arbitration remedy essentially illusory.
Happenings By Upasna Barath, Ann Nenoff, & Suheily Ortiz Alternative Dispute Resolution, October 2016 Events and updates from around the country.
ISBA Alternative Dispute Resolution seminar on police/community relations By Hon. Ann Breen Greco Alternative Dispute Resolution, October 2016 A summary of this section's recent CLE program, “Police/Community Relations: the Role of Restorative Justice in Addressing Conflicts.”
Let’s talk about talking – Communication between the sexes By Hubert Zanczak Alternative Dispute Resolution, October 2016 Men and women utilize language for different purposes... how does this shape the outcome of mediation, where communication is so important?
Response to “Taking on Mandatory Arbitration at For-Profits” By Mark Rouleau Alternative Dispute Resolution, October 2016 Author Mark Rouleau offers his perspective on an article published in the June issue of this newsletter.
Third-party discovery in arbitration By Hubert Zanczak Alternative Dispute Resolution, October 2016 What do you do if a crucial third-party witness will not appear for a deposition without a court-order?
Case briefs By Ann Nenoff, Hubert Zanczak, Adam Sehr, & Audrey Paige Sauer Alternative Dispute Resolution, June 2016 Recent cases of interest to ADR practitioners.
Happenings By Ann Nenoff, Hubert Zanczak, & Adam Sehr Alternative Dispute Resolution, June 2016 Events and updates from around the country.
Illinois foreclosure mediation program awaits approval in Macon County By Ann Nenoff Alternative Dispute Resolution, June 2016 Several counties in Illinois have implemented mediation programs in an attempt to combat the ongoing home foreclosure crisis. Macon County hopes to be the next county to implement this program, but is awaiting approval from the Illinois Supreme Court.
Impediments to fairness By Robert Wells Alternative Dispute Resolution, June 2016 Readers: Your experience, and those of your clients, warrant your participation in the discussion and a determination of what may be needed to ensure the system is equitable and just.
Opening statement by mediator that includes suggestion that parties think of creative solutions can be very beneficial in resolving dispute By Hon. Allen S. Goldberg, (Ret.) Alternative Dispute Resolution, June 2016 The settlement in this case was very unique and gave everyone involved great satisfaction.
2 comments (Most recent June 8, 2016)
Taking on mandatory arbitration at for-profits and its effects By Hubert Zanczak Alternative Dispute Resolution, June 2016 Currently, most for-profit higher education institutions require students to sign an arbitration agreement as a condition of enrollment. The weights of justice are tilted toward the institutions from the start by forcing students to give up their rights to litigation and rather to concede to arbitration of their claims.
The truth about whether or not mediation is more cost-effective than litigation By Adam Sehr Alternative Dispute Resolution, June 2016 While the perception that arbitration is more cost effective and quicker than litigation may be popular, it is not necessarily true.
Restorative justice: A perspective from the bench By Hon. Sophia H. Hall Trusts and Estates, May 2016 The author shares her thoughts on restorative legal processes.
ADR CLE opportunities By Lauren Edmunds Alternative Dispute Resolution, April 2016 Mark your calendar now for these upcoming ISBA CLE programs.
Case briefs By Adam Sehr, Samantha Guttenberg, Audrey Paige Sauer, & Hubert Zanczak Alternative Dispute Resolution, April 2016 Recent cases of interest to ADR practitioners.
Court dismisses motion brought forth by nonsignatories involved in Al Rashaid v. Nat’l Oilwell Varco, Inc. (2014) By Adam Sehr Alternative Dispute Resolution, April 2016 In this case, the appellants could cite no case using the collateral order doctrine to push for appellate review of a case where a motion to arbitrate was accepted by the court but certain aspects of the motion were not.
Happenings By Ann Nenoff & Audrey Paige Sauer Alternative Dispute Resolution, April 2016 ADR updates from around the country.
The role of neutrality By Lauren Edmunds Alternative Dispute Resolution, April 2016 The author discusses the recent article, “Practice and Paradox: Deconstructing Neutrality in Mediation" by Sarah Cobb and Janet Rifkin.
Supreme Court upholds precedent in DIRECTV v. Imburgia By Adam Sehr Alternative Dispute Resolution, April 2016 On December 14, 2015 the U.S. Supreme Court ruled in favor of DIRECTV, reversing the opinion of the California Appellate Court in DIRECTV v. Imburgia.
Use of foreign governing law and arbitration clauses in Arab commercial agency and distributorship agreements By Howard L. Stovall International and Immigration Law, February 2016 This article summarizes certain contractual drafting issues that confront Western (e.g., U.S. or European) companies that do business through commercial agents or distributors in the Arab Middle East.
Case briefs By Ann Nenoff & Samantha Guttenberg Alternative Dispute Resolution, January 2016 Recent decisions of interest.
Restorative justice: A perspective from the bench By Hon. Sophia H. Hall Bench and Bar, January 2016 The author shares her thoughts on restorative legal processes.
Supreme Court to decide on Imburgia v. DIRECTV By Adam Sehr Alternative Dispute Resolution, January 2016 The Supreme Court is set to decide on Imburgia v. DIRECTV which will question whether or not DIRECTV will be able to enforce a provision in its contract with its customers requiring they engage in arbitration rather than litigation with the company.
A tale of two communities: Bringing pro bono collaborative law to Illinois National Guard veterans By Sandra Crawford Alternative Dispute Resolution, January 2016 The Collaborative Law Institute of Illinois and the Health & Disability Advocates of Warrior to Warrior have rolled out a pro bono program to bring the Collaborative Practice model of divorce dispute resolution to Illinois Army National Guard Veterans and their families.
A tale of two communities: Bringing pro bono collaborative law to Illinois National Guard veterans By Sandra Crawford Family Law, December 2015 The Collaborative Law Institute of Illinois and the Health & Disability Advocates of Warrior to Warrior have rolled out a pro bono program to bring the Collaborative Practice model of divorce dispute resolution to Illinois Army National Guard Veterans and their families.

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