In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2011 Articles

ADR Section Council proposes joint task force on youth violence By Joshua Bailey April 2011 The ISBA ADR Section Council, in partnership with the Chicago Bar Association, is working to implement a Joint Task Force on Stopping the Killing of Our Children in Chicago.
Case briefs By Shauntal Van Dreel & Meghan Steinbeiss October 2011 Recent cases of interest to ADR practitioners.
Case briefs June 2011 Recent cases of interest to ADR practitioners.
Case briefs By Ivana Miljic April 2011 Recent cases affecting practitioners of alternative dispute resolution
Case briefs By Joshua Bailey March 2011 Recent cases affecting practitioners of alternative dispute resolution.
Chair’s column By Kate Duncan October 2011 A message from ADR Section Chair Kate Duncan.
Column: Of the Moment—Current developments in mediation By Terry Moritz & Heather Scheiwe Kulp October 2011 A new column that will address developing ADR issues and initiatives in Illinois and throughout the country.
Dealing with time limits By Robert E. Wells, Jr. April 2011 A fictional discussion of the importance of mediator credibility.
Evaluating the debate on collective bargaining in the public sector By Joshua Bailey April 2011 In order to justify their claims, public sector unions should present a clear and convincing argument as to why collective bargaining is necessary in a government context. This would require unions to pointedly dissect the claim that government is unlike private employers and thus collective bargaining does not function correctly in the public sphere.
Evaluation finds Cook County Child Protection Mediation Program helping broken families mend By Thomas D. Cavenagh March 2011 By providing a forum for families and child protection professionals to communicate and work through conflicts, the Child Protection Mediation and Facilitation Program gives families with children in state custody the chance to have their voices heard regarding issues of visitation, services and placement.
Foreclosure mediation met with mixed feelings By Whitney Rhew April 2011 It appears that efficient programs with “quick” answers for borrowers and high participation rates will be most successful.
From the editor By Thomas D. Cavenagh October 2011 An introduction to the issue form Editor Tom Cavenagh.
Happenings June 2011 Mediation updates from around the country.
Happenings By Ivana Miljic April 2011 Mediation updates from around the country.
Happenings By Joshua Bailey March 2011 Mediation updates from around the country.
Interfaith issues in divorce mediation By Whitney Rhew March 2011 The case of Reyes v. Shapiro calls into question the court system’s ability to prohibit a parent from instilling values and beliefs into his or her child.
Letter to the editor By Mark Rouleau October 2011 A reader's response to the article, "Sacrificing class arbitration for the good of individual arbitration," that appeared in the June 2011 issue of this newsletter.
London Mediation Tournament By Robert E. Wells, Jr. June 2011 A recap of this year's InterNational Academy of Dispute Resolution’s Tenth Annual International Law School Mediation Tournament, which took place in March.
Mediation certification: A brief examination of how to become a court-appointed mediator in the State of Illinois By Margaret Nunne March 2011 The first in a four-part series exploring different options for mediators or those looking into joining the mediation field.
Ninth Circuit concludes Declaratory Judgment Act does not give federal courts discretion to decline to rule on motions to compel arbitration By John R. Schleppenbach October 2011 Given the long-standing and widespread push for federal courts to further the efficiency and ease of arbitration by summarily enforcing arbitration agreements where they are found to exist, the Ninth Circuit’s ruling in Countrywide Home Loans, Inc. v. Mortgage Guaranty Insurance Corporation is perhaps unsurprising.
A pilot program that would allow for the mediation of attorney-client disputes By Madalyn Phillips October 2011 The ARDC would be responsible for coordinating, paying for, and explaining mediation to the parties involved. They would also be responsible for assisting the mediator with anything they might need throughout the mediation process.
1 comment (Most recent October 11, 2011)
Sacrificing class arbitration for the good of individual arbitration By Terry Moritz June 2011 A discussion of the potential ramifications of the recent case of United States Supreme Court in AT&T Mobility LLC v. Concepcion.
1 comment (Most recent July 7, 2011)
Second Circuit affirms denial of Petition to Compel Arbitration based on counsel’s conflict of interest By John R. Schleppenbach March 2011 A look at the case of GSI Commerce Solutions, Inc. v. BabyCenter, L.L.C., in which the Second Circuit affirmed the denial of a petition to compel arbitration based on a conflict of interest by the petitioner’s counsel.
A selection of 40-hour mediation training classes By Margaret Nunne April 2011 A list of in-state classes that offer different areas of mediation training.
Supreme Court dismisses Stok & Associates v. Citibank; Arbitration question remains unanswered By Madalyn Phillips & Casey Harter October 2011 The main issue to be reviewed in the case was the question of whether one side in a legal dispute surrenders its rights to arbitration once it has participated in a court case that has arisen from the same dispute.
The Uniform Collaborative Law Rules/Act rejected by the ABA House of Delegates By Casey Harter October 2011 As the practice of collaborative law has spread, it has become increasingly important that there be some framework protecting participants and promoting uniformity in the process.
What every lawyer should know about Collaborative Law (a.k.a., Collaborative Practice) By Sandra Crawford June 2011 Three things every lawyer should also know about Collaborative Law: (1) there is a favorable American Bar Association Formal Ethics Opinion (Opinion No. 07-447) on the topic; (2) Since October, 2010 there has been a Uniform Collaborative Law Act adopted in several states; and (3) there is an international organization, the International Academy of Collaborative Professionals, which has also promulgated Ethical Standards for Collaborative Practitioners.