In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2017 Articles

Case briefs By Jacob Walls & Breanna Hornbostel December 2017 Recent cases of interest to ADR practitioners.
Case briefs By Breanna Hornbostel November 2017 Recent cases of interest to ADR practitioners.
Case briefs By Upasna Barath, Ann Nenoff, & Hubert Zanczak June 2017 Recent cases of interest to ADR practitioners.
Case briefs By Upasna Barath, Ann Nenoff, & Hubert Zanczak April 2017 Recent cases of interest to ADR practitioners.
Case briefs January 2017 Recent decisions of interest to ADR practitioners.
Chair’s column By John R. Schleppenbach December 2017 A message from ADR Section Chair John Schleppenbach.
1 comment (Most recent November 29, 2017)
Chair’s column By John R. Schleppenbach November 2017 A message from ADR Section Chair John Schleppenbach.
Circuit court ruling is a warning against burying arbitration clauses By Ann Nenoff June 2017 In Noble v. Samsung Electronics Am., Inc., the U.S. Third Circuit Court handed down a ruling which could serve as a warning against businesses or companies thinking about burying their arbitration clause.
Civil procedure – Arbitration, lack of documentation By Ann Nenoff January 2017 Without an adequate record to review the arbitrator’s findings and analyze his legal reasoning, the court must assume that the award conformed with the law.
Collaborative process: Illinois Senate Bill 0067 By Sandra Crawford April 2017 An overview of Collaborative Process for those unfamiliar.
Ezekiel Elliott withdraws his appeal to the 2nd Circuit Court By Jacob Walls December 2017 On November 15, 2017, Dallas Cowboys running back Ezekiel Elliott withdrew his appeal to the 2nd Circuit Court of Appeals for a potential preliminary injunction and will now start serving his six-game suspension for domestic violence.
The Federal Arbitration Act versus the Consumer Financial Protection Bureau: The future of arbitration clauses banning class action lawsuits By Thomas D. Cavenagh June 2017 Perhaps, given the precipitous decline of the number of trials taking place, we ought to begin thinking of the adversarial system as the alternative to the range of ADR processes presently available.
From the Editor By Thomas D. Cavenagh December 2017 An introduction to the issue from Editor Tom Cavenagh.
From the Editor By Thomas D. Cavenagh November 2017 An introduction to the issue from Editor Tom Cavenagh.
Happenings By Breanna Hornbostel December 2017 Recent ADR updates from around the country.
Happenings By Upasna Barath June 2017 Recent ADR updates from around the country.
Happenings By Upasna Barath April 2017 Events and updates from around the country.
Happenings By Upasna Barath January 2017 Events and updates from around the country.
How civil lawsuits in Cook County proceed to resolution: Mediate—Don’t litigate! By Hon. Charles R. Winkler, (Ret.) November 2017 Help spread the word about how mediation can help clients settle their cases.
Justices criticize state law invalidating arbitration agreements signed under power of attorney By Hubert Zanczak June 2017 The SCOTUS just released a reversal in Kindred Nursing v. Clark, slamming the Kentucky Supreme Court for an attempt to create law which improperly targets arbitration agreements.
Learning essential steps to conflict resolution is for everyone By Sandra Crawford June 2017 What we can learn from the book, The Eight Essential Steps to Conflict Resolution by Dudley Weeks.
NLRB general counsel issues memo following certiorari grant By Ann Nenoff April 2017 As a result of the Court’s recent grant of certiorari, the general counsel for the National Labor Relations Board released a memorandum to the agency’s regional offices about how the pending Murphy Oil case could impact similar pending cases at the NLRB.
Perception in negotiation By Robert Wells November 2017 Some suggestions to help mediators overcome perceived bias and maintain open dialogue.
Police/community relations: The role of ADR and restorative justice in addressing conflicts By Hon. Ann Breen-Greco January 2017 The third in a series of police/community relations’ seminars was held as part of the Law Division Court-Annexed Mediation Seminar on November 17, 2016.
President Trump officially kills arbitration rule By Jacob Walls December 2017 On November 1, 2017, President Trump signed a resolution that was passed through Congress to kill the Consumer Financial Protection Bureau’s Arbitration Rule.
Spotlight on ADR section member Judge Allan Goldberg (Ret.) By Sandra Crawford November 2017 Author Sandra Crawford recently sat down with the former ISBA ADR Section Chair to learn his opinions on his career and the state of ADR today.
Successful mediation in complex environmental cases By Suheily Ortiz January 2017 Environmental disputes are the most difficult and complex to resolve through mediation. Here's what you need to know.
Supreme Court to consider legality of arbitration agreements containing class action waivers under NLRA By John R. Schleppenbach April 2017 The United States Supreme Court appears poised to resolve a circuit split over whether workplace arbitration agreements containing class and collective action waivers are enforceable under the Federal Arbitration Act and the National Labor Relations Act, having granted certiorari in three consolidated cases in January 2017.
Tenth Circuit declines to compel arbitration due to conflicts in arbitration agreements By John R. Schleppenbach January 2017 The Tenth Circuit’s recent decision in Ragab v. Howard declined to enforce several arbitration agreements because the different procedures specified in the different clauses suggested there had been no meeting of the minds as to the desire to arbitrate.
U.S. Ninth Circuit rules on deceitful conduct by an arbitrator By Ann Nenoff June 2017 In the case Move Inc., v. Citigroup Global Markets, Inc., the Ninth Circuit Court of Appeals reversed a district court’s refusal to vacate an arbitration award for improper conduct by the arbitrator.