In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2008 Articles

ADR happenings By Ashley Crettol February 2008 Recent developments in ADR. 
Arbitration reform pending in the House and Senate By Kurt Kamrath June 2008 A recent study by Michael LeRoy, a labor and employment law scholar at the University of Illinois College of Law, has shown a great hostility from state courts towards arbitration awards in favor of employees.
The art of picking an arbitrator By Charles B. Lewis February 2008 In medieval times, it was felt that one could assess the character and temperament of an individual by reference to the four humors.
California Justices urged to limit vacatur based on disclosure failure By Jillian Ruggiero December 2008 Arbitrators face the possibility of disqualification due to their failure to disclose pertinent facts that are necessary to an arbitrator’s role as a neutral, third party.
Case summaries By Julia Kucan, Jillian Ruggiero, & Alyssa Vincent December 2008 Recent cases of interest to ADR practitioners.
Case summaries By Julia Kucan, Jillian Ruggiero, & Alyssa Vincent October 2008 In Washington, the Supreme Court recently ruled four provisions in the AT&T customer service agreement were unconscionable provisions that permeated the arbitration agreement, that the entire arbitration agreement was unenforceable and needed to be severed from the original agreement.
Case summaries By Ashley Crettol & Kurt Kamrath June 2008 The First Circuit found that under a partnership agreement that includes an arbitration clause, a corporation cannot avoid arbitration by naming as defendants two non-signatories to the agreement.
Case summaries By Ashley Crettol April 2008 The dispute between Preston and Ferrer, who were disagreeing over whether the California Talent Agency Act (CTAA) or the Federal Arbitration Act (FAA) had initial jurisdiction over concerns with their contract, was decided on February 20, 2008.
Case summaries By Ashley Crettol January 2008 Local 15 objected to a new system implemented by Exelon Corporation, which, during an emergency, would summon those employees who were not already at work.
Cases By Kurt Kamrath May 2008 In a six to three decision, the Supreme Court refused to expand the grounds for court review of an arbitration award.
Cases By Kurt Kamrath February 2008 Otay River Constructor (Otay) filed two motions to compel arbitration. Otay had multiple agreements with San Diego Expressway (Expressway).
Chair’s Column By Champ W. Davis October 2008 The ADR Council is off to a good start in the 2008-2009 Bar year. We have several new members—all of whom are actively involved in alternative dispute resolution.
Chair’s Column By Stanley N. Wasser May 2008 I would like to begin this column by thanking all of the ADR Section Council members whose knowledge, hard work, inventiveness and dedication make our ADR Section Council a dynamic entity that serves the members of the Illinois State Bar Association, that seeks to enhance and improve the workings of the Illinois court system and who are dedicated to concept that our clients and the public at large–individual, business, government–deserve at times a better way to resolve the inevitable disputes that may arise in our daily comings and goings.
Chair’s Column By Stanley N. Wasser April 2008 With mind over matter, I see spring coming and that means baseball.
Chair’s Column By Stanley N. Wasser February 2008 A message from Section Chair Stanley N. Wasser.
Current developments in mediation By Thomas D. Cavenagh January 2008 Use of mediation in a wide variety of contexts is expanding rapidly across the country … and abroad.
Don’t try to settle that case By Jon Gilbert December 2008 Lawyers engaged in discussions and exchanging correspondence in furtherance of settling a commercial dispute usually assume that they operate within the refuge of Federal Rule of Evidence 408 if something is written or said that shouldn’t have been:
Editor’s column By Thomas D. Cavenagh October 2008 Once again, we welcome our new student editors for this year’s volume. Alyssa Vincent is a senior at North Central College majoring in Journalism with a minor in gender & women’s studies.
Editor’s note By Thomas D. Cavenagh January 2008 Once again, we welcome new student editors for this year’s volume. Ashley Crettol is a senior Psychology major and Math minor at North Central College.
The ethics of confidentiality: Suggestions for resolution of disputed, but quantifiable facts By Robert E. Wells, Jr. May 2008 A hypothetical conversation involving ethics and confidentiality.
Evaluating the ethics of ADR programs By Kurt Kamrath June 2008 The practice of alternative dispute resolution (ADR) is rife with ethical dilemmas. It does not take much time in the field before a practitioner will find a conflict between two central aspects of ADR.
Gender as a factor in international peacekeeping: The status of women in international conflict resolution By Jessica O’Brien June 2008 While the status of women here in the United States seems to be continually improving, that is not to be said for the international community at large.
“Gross errors of law” under the Arbitration Act By Jon Gilbert April 2008 The Seventh Circuit’s recent decision in Edstrom Industries, Inc., v. Companion Life Insurance(No. 06 C 964)( February 11, 2008) suggests that ADR practitioners take a close look at vacating awards based on “gross errors of law”, a legal argument which now appears to be a moving target. First, some background.
Happenings By Alyssa Vincent December 2008 Recent updates of interest to ADR practitioners.
Happenings By Jillian Ruggiero October 2008 Recent updates of interest to ADR practitioners. 
Happenings By Kurt Kamrath & Ashley Crettol June 2008 Florida recently passed a bill that requires parties in homeowner’s association disputes to attempt mediation or arbitration prior to filing suit.
Happenings By Ashley Crettol May 2008 An amendment to the Financial Industry Regulatory Authority (FINRA) arbitration rules was approved by the Securities and Exchange Commission.
Happenings By Kurt Kamrath April 2008 Recent developments in alternative dispute resolution.
Happenings January 2008 The House of Representatives has just passed legislation that will give state officials the authority to compel FEMA to take part in mediations surrounding conflicts over claims to the national flood insurance program following a natural disaster.
Mediation limits / opportunities By Robert E. Wells, Jr. April 2008 Lack of injunctive relief and limitation on discovery are two perceived “weaknesses” of mediation. However, a closer examination reveals that perceptions may not be reality.