In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

ISBA Members, please login to join this section

2004 Articles

ADR happenings May 2004 Mediator Applications and Self Certification of Qualifications forms for the Major Case Civil Mediation Program, Law Division, Circuit Court of Cook County can be obtained by calling Raimonda Ferenzi, secretary to Judge Allen S. Goldberg, at 312-603-6078 and she will mail the forms to your office.
ADR happenings By Kenton Skarin March 2004 On February 9, the American Bar Association's House of Delegates approved a new code of ethics for arbitrators in commercial disputes that provides a presumption of neutrality for all arbitrators, including party-appointed ones.
The biggest mistakes attorneys make in arbitration/mediation March 2004 Editor's Note: The Chairperson of the Alternative Dispute Resolution Section Council of the ISBA invited section council members to provide information concerning what they think are the "Biggest Mistakes Attorneys Make in Arbitration and Mediation."
Case law update By Kristen Weber May 2004 John Joyner, as guardian for his incapacitated mother, filed a claim with the National Association of Securities Dealers, Inc. (NASD) against Raymond James Financial Services, Inc. (James) for breach of fiduciary duty. NASD arbitration ensued.
Case law update By Kristen Weber March 2004 Trial court did not abuse its discretion when it barred defendant from rejecting award of arbitrators based on failure to participate in arbitration proceedings in good faith, without conducting evidentiary hearing, when defense counsel argued about ruling on admission of SCR 90(c) package, refused to go forward with hearing, and later left hearing room after arbitrators left room to consult with circuit court judge.
Case summaries By Michael O’Brien December 2004 Eric Jensen (Jensen) entered into a franchise agreement with Quik International (Quik) on July 3, 2002. T
Editor’s note By Thomas D. Cavenagh December 2004 We welcome and are grateful for contributions to this newsletter from members of the section. In The Alternative serves as the communication vehicle for and between members of the Alternative Dispute Resolution Section, other practitioners and the legal profession at large.
The effects of Gore and Campbell on punitive damages and the implications of those decisions in arbitration By Bruno J. Tassone & Scott Gilbert March 2004 The amount of punitive damages awarded varies greatly from case to case.
Enforceable settlement or unenforceable penalty? By Champ W. Davis, Jr. December 2004 The rule that a liquidated damage provision is unenforceable if it is a "penalty" has been applied to settlement agreements in which one party has granted a "discount" to the other if the terms of the settlement are met in a timely fashion.
Message from the chair By Bruno J. Tassone May 2004 The mission statement of ADR Section Council, in part, is to "to educate lawyers and others in the effective use of alternative dispute resolution techniques.
Message from the chair By Bruno J. Tassone March 2004 On February 6, 2004, the ADR and Bench and Bar Section Councils, as part of the ISBA Law Series, presented "Training for Lawyers Participating in Mediation for Major Cases." More than 175 attorneys, including 20 judges, from Cook County attended the seminar.
Message from the chair: Improving how ADR works October 2004 Mediation has been called the art of bringing people together. However, in a larger sense, it is the extension of critical thinking.
Practitioner resources By Michael O’Brien December 2004 In his latest book, 25-year veteran of ADR, Bernard Mayer, takes a critical look at the field of mediation as a whole and explores where conflict resolution as a field is now and where it should or possibly could be.
What do attorneys think of mediation? By Thomas D. Cavenagh December 2004 Mediation has become an attractive option for resolving legal conflicts of a wide variety. Anecdotal evidence suggests continuing growth in the use of the process by attorneys, but empirical evidence supporting the supposition has not been developed widely.