In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2003 Articles

ADR happenings By Kristen Weber December 2003 NASD is looking to recruit arbitrators to hear disputes and render decisions involving customer complaints, or employment issues concerning NASD members.
ADR happenings By Kenton Skarin & Sarah Jobst October 2003 The United States Institute of Peace has published a new report entitled "Healing the Holy Land," suggesting ways in which leaders in the Holy Land must address the religious aspects of Middle Eastern conflict in their peacemaking strategy.
ADR happenings By Sarah Jobst May 2003 On January 1, 2003, the Illinois Commerce commission adopted new rules relating to the administration and implementation of its mediation program solving the disputes of telephone customers in title 83 Ill Adm Code 734.
ADR happenings By Sarah Jobst February 2003 The Senate Government Affairs Committee approved Senate Bill 1651, which creates the U.S. Consensus Council, an independent and nonprofit entity modeled after the United States Institute of Peace
Book review By Donald Abernathy May 2003 Many books are written solely for personal gain, whether it be for money, notoriety (which usually brings money), or just to advance a cause or story.
Book review By Bryan L. Shell February 2003 Becoming a Mediator is written to help one begin a career in mediation. Lovenheim's introduction explains the various misconceptions surrounding the field of mediation.
A brief guide to online negotiation: Conclusion and resources (Part 3 of 3) By Thomas D. Cavenagh February 2003 Online negotiators have numerous vendor options from which all three online negotiation models are available.
Case law update By Kenton Skarin December 2003 The trial court erred when it concluded that the defendant had waived its right to enforce arbitration clause in sub-franchise agreement.
Case law update By Kristen Weber & Katie Ruder October 2003 Menard Co. Housing Authority v. Johnco Construction, Incorporated 4th District Appellate Court of Illinois, No. 4-03-0237.
Case law update By Katie Ruder May 2003 The 3rd U.S. Circuit Court of Appeals ruled unanimously that because federal judges have the power to sever provisions of an arbitration agreement that violate federal law before sending the case to arbitration, an otherwise unenforceable agreement containing such provisions is enforceable.
Case law update By Katie Ruder April 2003 The appellate court ruled that the trial court was not abusive in its judgment when it excluded the plaintiff, Subrogation Company Government Employees, from declining a mandatory arbitration award of $0.
Case law update By Katie Ruder February 2003 HMO Patients and physicians sued the HMOs, complaining that the companies violated the Racketeer Influenced and Corrupt Organizations Act (RICO), the Employee Retirement Income Security Act (ERICSA), and several other laws at the state and federal level.
The constitutionality of court-annexed mediation By Matthew King October 2003 Mediation has been gaining momentum in recent years. At the same time, court dockets are becoming even more congested as more and more lawsuits are being filed.
Editor’s note: Introducing In the Alternative’s new student editors October 2003 Each year, In the Alternative selects students with an interest in Alternative Dispute Resolution to serve as student editors.
Four-year index 1999-2003 By Donald Abernathy May 2003 ABA Section of Dispute Resolution" Vol. 8, No. 5.
Happenings April 2003 The Center for Analysis of ADR Systems (CAADRS) has just posted to its Web site (www.caadrs.org) a bibliography of more than 60 studies of court mediation programs.
Message from the chair By Bruno J. Tassone December 2003 The Circuit Court of Cook County is considering a court-annexed mediation program for major civil cases effective in the spring of 2004; participation in the process will require an attitude adjustment.
Message from the chair By Bruno J. Tassone October 2003 As Chairperson, I feel challenged and excited with the many tasks before our ADR Section Council this year.
Pending Illinois ADR legislation April 2003 The following summaries describe bills recently introduced in the Illinois Legislature.
Tackling violence: A comprehensive summary of the first World Health report on violence By Nicole Smith May 2003 Each year, over one million people worldwide die as a result of violence. In 2000, 520,000 people were killed by acts of interpersonal violence alone.
Upcoming events February 2003 Section of Dispute Resolution meetings during ABA Mid-Year Meeting
Violence prevention/intervention for parents By Robert E. Wells, Jr. April 2003 This is the second article of a three-part series concerning Violence prevention/Intervention for Parents.
Violence prevention/intervention for parents February 2003 The following article by Robert E. Wells, Jr. of Pessin, Baird & Wells in Belleville, suggests that it is never too early to start the development of positive skills in alternative dispute resolution.
Violence prevention/intervention for parents (The teen years) By Robert E. Wells, Jr. December 2003 This is the third article of a threepart series concerning Violence Prevention/Intervention for Parents.