In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2000 Articles

ADR happenings By Suzanne Schmitz October 2000 A handbook for lawyers with practice checklists, published by the American Law Institute and the American Bar Association, has incorporated ADR into its materials.
ADR happenings June 2000 Andrew Shepard, currently a law Professor at Hofstra Law School, and reporter for the revision of the Standards of Practice for Divorce and Family Mediation, sought assistance and input for the revision of the fourteen standards highlighted on the AFCC website in the January 2000 issue of Just Resolutions.
ADR happenings March 2000 The 11th Judicial Circuit's Mandatory Arbitration program had its third anniversary on July 1st, 1999.
ADR happenings February 2000 Following a move by the New York City Bar Association's ADR Committee, the American Bar Association has adopted a resolution supporting the use of mediators from all backgrounds, including non-legal backgrounds
ADR Internet resources June 2000 This Website (http://www.abcny.org) offers a list of topics in outline form, compiled by the Bar of the City of New York, intended as a guide for ADR system designers to use in the creation of standards of practice for their systems that are specific to the needs of those systems.
ADR Internet Resources March 2000 ADRWorld Online http://www.adrworld.com
ADR Internet resources February 2000 Includes information on mediation in general and specific mediation topics, as well as a conflict resolution resource center with material on facilitating non-violent resolution of conflicts and encouragement of communication
ADR issues before the Supreme Court during the 2000-2001 term By Jennifer Jones December 2000 During the 1999-2000 term, the Supreme Court heard a case that questioned whether the Federal Arbitration Act (FAA) provisions require that a motion to confirm, vacate or modify an arbitration award be brought only in the district in which the award was made.
ADR print resources June 2000 Dr. Laura F. Donnely and Ms. Rebecca G. Ebron have recently completed a study entitled The Child Custody and Visitation Mediation Program in North Carolina, An Evaluation of Its Implementation and Effects.
Alternative dispute resolution grants June 2000 Designed to offset a fellow's living expenses while he or she completes the final year of dissertation in anticipation of a doctoral degree.
Book review June 2000 In this issue, there is a special focus on two books, Arbitration Advocacy and Mediation Advocacy, both written by Jack Cooley.
Book review March 2000 The Heart of Conflict represents a departure from most of the other books reviewed in the newsletter.
Book review By Dean M. Frieders February 2000 Business Dispute Resolution is the latest ADR offering from Tom Cavenagh. His other books including Alternative Dispute Resolution for Business and Teaching Leadership: Essays in Theory and Practice.
Case law update By Christine O’Reilly December 2000 Plaintiffs filed a sixteen-count complaint concerning a motor vehicle collision with damages of $30,000.
Case law update By Christine O’Reilly October 2000 Pinnacle Medical, Inc. provided medical treatment to Jacques Raymond for injuries suffered in an automobile accident.
Case law update June 2000 The parties in this case share joint custody of their son.
Case law update March 2000 Shankle was hired by B-G in 1987, and over the course of his employment, he was asked to sign a mandatory arbitration agreement, as were all non-union employees of B-G.
Caselaw update By Dean M. Frieders February 2000 Both parties were involved in an automobile accident, in which appellant conceded liability.
Chair’s Column December 2000 The work of the section council has been progressing nicely. The Illinois Mediator's Certification Act gained the support of the Family Law, Administrative Law, Local Government, and Health Care Law Section Councils.
Chair’s Column By Don C. Hammer October 2000 I am looking forward to an exciting year for the ADR Section Council
Chair’s Column June 2000 Your section council has continued to consider the matter of Mediator Certification.
Chair’s Column By Thomas D. Cavenagh March 2000 Your section council has continued to work diligently with respect to legislation related to mediation
Chair’s Column February 2000 The section council has been busy thus far this year. As readers are already aware, the section has reviewed and contributed to the proposed Illinois Mediator Certification Act (published in a previous edition of this newsletter) which would provide significantly enhanced practice status to Illinois mediators
Editor’s note By Thomas D. Cavenagh October 2000 It has been my hope during my time as newsletter editor, that each issue contains something of interest to all members of the section.
Ethics in mediation—a growing consensus? An overview of various approaches By Louise Cook October 2000 Mediation is a process at once so old, and yet so new, that it often seems difficult to define the process itself.
Federal government use of ADR may change legal culture By Suzanne Schmitz June 2000 The federal government is a leader in the use of ADR. Extensive use of ADR by the federal government will inevitably affect the entire legal culture
Focus on the issue: mandatory arbitration clauses in employment contracts By Dean M. Frieders February 2000 In the past year, there have been several very important cases that have changed the way in which mandatory arbitration clauses function in employment contracts.
The good, the bad, and the ugly of contracted arbitration By John N. Cannon February 2000 It is common for collective bargaining agreements and commercial contracts to include provisions for arbitrating disputes.
Mediation styles By Suzanne Schmitz March 2000 Lawyer-mediators in Virginia are now required to consult with disputants about the style of mediation the mediator uses and to record in a written agreement the parties' choices, including whether they wish to have the mediator use evaluative techniques.1
A model for lawyer-mediator rules of conduct: Virginia Rules of Court March 2000 Review Court orders that may amend this Rule