In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2002 Articles

ABA Section of Dispute Resolution June 2002 The ABA Section of Dispute Resolution has noted the wide range of views expressed by scholars, mediators, and regulators concerning the question of whether mediation constitutes the practice of law.
ADR happenings February 2002 The Association for Conflict Resolution (ACR) was created when the Academy of Family Mediators (AFM), the Conflict Resolution Network (CREnet) and the Society for Professionals in Dispute Resolution (SPIDR) officially merged in January of 2001. A
ADR update June 2002 Beginning May 1, 2002, a new rule of the U.S. Court of Federal Claims allows voluntary use of alternative dispute resolution, specifically mediation, settlement conferences and non-binding arbitration.
ADR update March 2002 On February 4, the American Bar Association House of Delegates passed the Uniform Mediation Act with 537 votes.
ADR update: By Sarah Jobst December 2002 The Supreme Court will decide if the court or the arbitrator should decide whether a claim is arbitrable in a securities case with potential implications beyond that industry.
ADR update: November 2002 On September 12, federal district court judges in South Florida voted to study whether or not to adopt new rules regarding public knowledge and civil litigation, including the possibility of banning secret settlements in lawsuits.
ADR update: May 2002 On March 4, the Virginia Senate approved unanimously a bill that would provide immunity from civil liability to mediators and expand confidentiality protections to include mediation communications in proceedings connected to the court.
Arbitration clauses in employment contracts: To do or not to do By Nile J. Williamson December 2002 A recent article in this newsletter by Alan Kaplan comprehensively discussed possible clauses to be used in employment contracts.
Arbitration of uninsured/ underinsured claims By Robert H. Hanaford May 2002 To obtain an understanding of the law concerning uninsured/underinsured (UIM) arbitration, it is essential to become familiar with the relevant insurance contract provisions as well as the statutory provisions.
Breaking impasses in settlement conferences: five techniques for resolution. Part II: recommending a specific number By Hon. Morton Denlow February 2002 Although my settlement conferences are always begun as a facilitative mediation, I am not reluctant to suggest a single settlement number when an impasse arises and both parties desire my input.
Breaking impasses in settlement conferences: five techniques for resolution Part III: splitting the difference By Hon. Morton Denlow March 2002 Parties frequently reach a stalemate while relatively close to a settlement figure.
A brief guide to online negotiation: Introduction (Part 1 of 3) By Thomas D. Cavenagh November 2002 Negotiation is simply the process of refining and agreeing to the issues requiring resolution, establishing a range of compromise options from which to choose and selecting the appropriate options for settlement.
A brief guide to online negotiation: The processes (Part 2 of 3) By Thomas D. Cavenagh December 2002 Cybersettle (www.cybersettle.com) first offered its approach to online dispute resolution in 1998, and has since then been named the "official and exclusive online settlement tool" of the Association of Trial Lawyers of America.
Case law update By Katie Ruder December 2002 The Appeals court upheld the district court's ruling in confirming an award for the defendant in a rental lease arbitration hearing.
Case law update By David Adkison June 2002 United Transport Union sought to enforce an arbitration award pursuant to an act that established arbitration must be used in certain types of grievances
Case law update By David Adkison May 2002 Richard Bass owned 49 percent of SMG, Inc., while David Shapiro owned 51 percent of the voting stock in Innovative Consultants, Inc. (IC).
Case law update By David Adkison March 2002 This case involves an employee who signed a binding arbitration agreement as part of his employment application
Case law update By David Adkison February 2002 A pre-dispute agreement signed by both Cavalier and Jackson stated that punitive damage compensation was prohibited
Case law update: By Katie Ruder November 2002 Plaintiff William Dessart sustained a neck injury and associated shoulder and arm pain as a result of an automobile collision with defendant Lynn Burak. In 1999, a mediation panel evaluated the case at $120,000.
Chair’s column February 2002 The Future of the Illinois Courts Conference scheduled for spring of this year will present a wonderful forum for attorneys and the courts to discuss where we are and where we hope to be.
Editor’s note February 2002 We welcome and are grateful for contributions to this newsletter from members of the section.
Editor’s note: November 2002 We welcome and are grateful for contributions to this newsletter from members of the section
Enforcing consumers’ and employees’ legal rights through arbitration By Keith Maurer December 2002 The American Bar Association reports that 100 million Americans are effectively barred from seeking justice by the high cost of lawyers and the lawsuit system.
Negotiating with pro se litigant By Robert E. Wells 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
The New Illinois Supreme Court Rule 99 “mediation programs” By Judy L. Hogan May 2002 In April 2001, the Illinois Supreme Court entered an Order, effective immediately, entitled, "New Rule 99, Mediation Programs."
Online ADR: The preferred method for resolving e-commerce disputes? By Benjamin P. Henning November 2002 Almost any service or product is widely available online, and Internet transactions accounted for $1.2 trillion in consumer and business-to-business transactions in 2000.
Representing clients in mediation: the “missed” opportunity By Erwin I. Katz March 2002 No lawyer would ever have the audacity to attempt to represent a client at trial, or at any dispositive motion without adequate preparation.
The settlement conference program U.S. Court of Appeals for the Seventh Circuit February 2002 Pursuant to FRAR Rule 33, the court conducts conferences to encourage and facilitate the settlement of civil appeals.
Should Illinois adopt the RUAA? By Michael Wise February 2002 The National Conference of Commissioners on Uniform State Laws has revised the Uniform Arbitration Act.
Upcoming events February 2002 February 28- March 2, Savannah.