In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2016 Articles

ADR CLE opportunities By Lauren Edmunds April 2016 Mark your calendar now for these upcoming ISBA CLE programs.
Case briefs By Ann Nenoff, Hubert Zanczak, Suheily Ortiz, & Upasna Barath October 2016 Recent cases of interest to ADR practitioners.
Case briefs By Ann Nenoff, Hubert Zanczak, Adam Sehr, & Audrey Paige Sauer June 2016 Recent cases of interest to ADR practitioners.
Case briefs By Adam Sehr, Samantha Guttenberg, Audrey Paige Sauer, & Hubert Zanczak April 2016 Recent cases of interest to ADR practitioners.
Case briefs By Ann Nenoff & Samantha Guttenberg January 2016 Recent decisions of interest.
Celebrating ADR By Sandra Crawford October 2016 This year’s celebration of Mediation Week will take place between October 16th and 22nd.
Chair’s column By Harry Dubnick June 2016 A message from Chair Harry Dubnick.
Chair’s column By Harry Dubnick April 2016 A message from ADR Section Chair Harry Dubnick.
Chair’s column By Harry Dubnick January 2016 A message from Section Chair Harry Dubnick.
Choice of ADR method By Robert E. Wells, Jr. October 2016 The following checklist was prepared by Robert E. Wells, Jr. and was included in his presentation – “Mediation and Alternative Dispute Resolution: An Alternative to Litigation” at the Elder Law Bootcamp presented in April, 2016.
Court dismisses motion brought forth by nonsignatories involved in Al Rashaid v. Nat’l Oilwell Varco, Inc. (2014) By Adam Sehr April 2016 In this case, the appellants could cite no case using the collateral order doctrine to push for appellate review of a case where a motion to arbitrate was accepted by the court but certain aspects of the motion were not.
Fourth Circuit declines to enforce arbitration agreement purporting to waive application of federal law By John R. Schleppenbach October 2016 The Fourth Circuit in Hayes v. Delbert Services Corporation recently declined to enforce an arbitration clause on the grounds that it contained a waiver so extreme that it rendered the arbitration remedy essentially illusory.
From the editor By Thomas D. Cavenagh October 2016 An introduction to the issue from Editor Tom Cavenagh.
From the editor By Thomas D. Cavenagh April 2016 Editor Tom Cavenagh reflects on the changes in ADR that have taken place over the course of his work on 100 issues of this newsletter.
Happenings By Upasna Barath, Ann Nenoff, & Suheily Ortiz October 2016 Events and updates from around the country.
Happenings By Ann Nenoff, Hubert Zanczak, & Adam Sehr June 2016 Events and updates from around the country.
Happenings By Ann Nenoff & Audrey Paige Sauer April 2016 ADR updates from around the country.
Illinois foreclosure mediation program awaits approval in Macon County By Ann Nenoff June 2016 Several counties in Illinois have implemented mediation programs in an attempt to combat the ongoing home foreclosure crisis. Macon County hopes to be the next county to implement this program, but is awaiting approval from the Illinois Supreme Court.
Impediments to fairness By Robert Wells June 2016 Readers: Your experience, and those of your clients, warrant your participation in the discussion and a determination of what may be needed to ensure the system is equitable and just.
ISBA Alternative Dispute Resolution seminar on police/community relations By Hon. Ann Breen Greco October 2016 A summary of this section's recent CLE program, “Police/Community Relations: the Role of Restorative Justice in Addressing Conflicts.”
Let’s talk about talking – Communication between the sexes By Hubert Zanczak October 2016 Men and women utilize language for different purposes... how does this shape the outcome of mediation, where communication is so important?
Modern family law: 2016 changes to the Illinois Marriage and Dissolution of Marriage Act By Audrey Paige Sauer June 2016 An overview of some significant revisions and new provisions in the IMDMA.
Opening statement by mediator that includes suggestion that parties think of creative solutions can be very beneficial in resolving dispute By Hon. Allen S. Goldberg, (Ret.) June 2016 The settlement in this case was very unique and gave everyone involved great satisfaction.
2 comments (Most recent June 8, 2016)
Response to “Taking on Mandatory Arbitration at For-Profits” By Mark Rouleau October 2016 Author Mark Rouleau offers his perspective on an article published in the June issue of this newsletter.
The role of neutrality By Lauren Edmunds April 2016 The author discusses the recent article, “Practice and Paradox: Deconstructing Neutrality in Mediation" by Sarah Cobb and Janet Rifkin.
Supreme Court to decide on Imburgia v. DIRECTV By Adam Sehr January 2016 The Supreme Court is set to decide on Imburgia v. DIRECTV which will question whether or not DIRECTV will be able to enforce a provision in its contract with its customers requiring they engage in arbitration rather than litigation with the company.
Supreme Court upholds precedent in DIRECTV v. Imburgia By Adam Sehr April 2016 On December 14, 2015 the U.S. Supreme Court ruled in favor of DIRECTV, reversing the opinion of the California Appellate Court in DIRECTV v. Imburgia.
Taking on mandatory arbitration at for-profits and its effects By Hubert Zanczak June 2016 Currently, most for-profit higher education institutions require students to sign an arbitration agreement as a condition of enrollment. The weights of justice are tilted toward the institutions from the start by forcing students to give up their rights to litigation and rather to concede to arbitration of their claims.
A tale of two communities: Bringing pro bono collaborative law to Illinois National Guard veterans By Sandra Crawford January 2016 The Collaborative Law Institute of Illinois and the Health & Disability Advocates of Warrior to Warrior have rolled out a pro bono program to bring the Collaborative Practice model of divorce dispute resolution to Illinois Army National Guard Veterans and their families.
Third-party discovery in arbitration By Hubert Zanczak October 2016 What do you do if a crucial third-party witness will not appear for a deposition without a court-order?