In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2015 Articles

ADR Section announces new CLE offering February 2015 Save the date— March 18, 2015— for this informative program!
The Arbitration Game - Reviewed By Kerby Kniss June 2015 An article in The Economist, “The arbitration game,” revealed international trade agreements are a way for multinational companies to get rich through a process known as “investor-state dispute settlement” or ISDS.
Book review: Brain Rules and how they can help mediators and arbitrators By Hon. Ann Breen-Greco April 2015 Brain Rules, by John Medina, is a fascinating look at different aspects of brain function and how recognizing these can affect our daily lives.
Book review: The Bully Pulpit: Theodore Roosevelt, William Howard Taft, and the Golden Age of Journalism by Doris Kearns Goodwin By Gary T. Rafool November 2015 The Bully Pulpit is a story of personality, presidency, and the power of the press in bringing about reform.
Candor and disclosure are the keys to avoiding conflicts and complaints By Robert E. Wells February 2015 The second installment of a fictional encounter between a mediator and an attorney seeking to mediate a family succession plan.
Case briefs By Ann Nenoff November 2015 Recent cases of interest to ADR practitioners.
Case Briefs By Kyler Juckins June 2015 Recent cases of interest to ADR practitioners.
Case briefs By Brandon Sarkauskas & Kerby Kniss May 2015 Recent cases of interest to ADR practitioners.
Case briefs By Brandon Sarkauskas & Kerby Kniss April 2015 Recent cases of interest to ADR practitioners.
Case briefs By Brandon Sarkauskas & Kerby Kniss February 2015 Recent cases of interest to ADR practitioners.
Cases may benefit from the use of the Uniform Mediation Act By Stephanie Snyder June 2015 The author argues that the James Brown and Ernie Banks estate disputes would have benefited from mediation.
Chair’s column By Harry Dubnick November 2015 A message from ADR Section Chair Harry Dubnick.
Chair’s column By Hon. Ann Breen-Greco June 2015 The final message of the year from Judge Ann Breen-Greco.
Chair’s column By Hon. Ann Breen-Greco May 2015 A message from the ADR Section Chair, Judge Ann Breen-Greco.
Chair’s column By Hon. Ann Breen-Greco February 2015 A message from Section Chair Ann Breen-Greco.
The current state of ADR education in Illinois law schools By Kyler Juckins April 2015 A look at how ADR education has evolved over the years.
Eighth Circuit denies non-signatories standing to challenge arbitration agreement By John R. Schleppenbach June 2015 A summary of the recent decision in Conners v. Gusano’s Chicago Style Pizzeria.
Emergency arbitrators By Hon. Ann Breen-Greco November 2015 A summary of the June 5 symposium, "Emergency Arbitrators and Complex Arbitrations Under the 2012 ICC arbitration Rules."
From the Editor By Thomas D. Cavenagh November 2015 An introduction to the issue from Editor Tom Cavenagh.
Happenings By Audrey Paige Sauer November 2015 ADR updates from around the country.
Happenings By Jonathon Kingzette June 2015 Three Surviving MLK Children in Dispute over Bible and Nobel Prize
Happenings By Jonathon Kingzette May 2015 Mediation updates from around the country.
Happenings By Jonathon Kingzette April 2015 Mediation updates from around the country.
Happenings By Jonathon Kingzette February 2015 Mediation updates from around the country.
How to get the best deal in mediation By Kyler Juckins May 2015 A short summary of a very useful article published in a recent edition of the Wall Street Journal.
Michigan enacts Uniform Collaborative Law Act By Jonathon Kingzette May 2015 Michigan Governor Rick Snyder signed the Uniform Collaborative Law Act into law in June 2014 and it took effect starting in December, making Michigan the 10th state in the country to enact the legislation.
New Illinois Spousal Maintenance Law By Stephanie A. Snyder April 2015 A discussion of the revised Illinois Marriage and Dissolution of Marriage Act, which became effective on the 1st of this year.
A perspective from the bench By Hon. Sophia H. Hall November 2015 The author shares her thoughts on restorative legal processes.
Seventh Circuit dismisses appeal seeking to dictate issues to arbitrator for lack of jurisdiction By John R. Schleppenbach February 2015 As the Seventh Circuit recently reminded the parties to a pension funding arbitration in Central States, Southeast & Southwest Areas Pension Fund v. US Foods, Inc., review of an arbitrator’s determinations may generally only be had after, and not during, the arbitral hearing.
Tenth Circuit holds failure to pay arbitration fees can result in resumption of court proceedings By John R. Schleppenbach November 2015 In the recent case of Pre-paid Legal Services, Inc. v. Cahill the court held the stay of litigation may be lifted and a federal lawsuit maintained.