In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2019 Articles

National Coalition on Dialogue and Deliberation By Missy Greathouse April 2019 An interview with Courtney Breese, the managing director of the National Coalition on Dialogue and Deliberation.
New Jersey legislature passes legislation barring mandatory arbitration of discrimination claims By Jay Schleppenbach April 2019 New Jersey's legislature recently passed a bill that would prohibit employers from enforcing mandatory pre-dispute arbitration provisions.
New legislation proposed to end mandatory arbitration in consumer and employee cases By Madeline Derango May 2019 In February, new legislation to prohibit the use of mandatory arbitration clauses in employee and consumer disputes was proposed.
Ninth Circuit Overrules 35-Year-Old Decision Barring Arbitration of ERISA Disputes By Jay Schleppenbach October 2019 The ninth circuit recently concluded in Dorman v. Charles Schwab that ERISA claims are subject to mandatory arbitration, serving as a possibly sign of increasingly supportive judicial attitudes toward arbitration.
Parting letter from the 2018-19 ISBA ADR Section Council chair By Sandra Crawford July 2019 A note from the past chair, Sandra Crawford.
Restorative justice: An overview By Janna M. Miller Midura & Elizabeth Bleakley July 2019 What is restorative justice? Does it work, and is it a helpful tool for society?
Sixth Circuit Holds That Federal Statute Permits U.S. Discovery in Aid of International Arbitrations By Lucas Terna December 2019 The issue of whether parties in private arbitration may seek discovery in the United States under 28 U.S.C. § 1782 is now heading in a new direction among the United States circuit courts.
Social justice column: ‘HATE: Why We Should Resist It with Free Speech, Not Censorship’ By Reagan Quynn May 2019 A review of the book ‘HATE: Why We Should Resist It with Free Speech, Not Censorship.'
Social justice column: Justice for Vets By Reagan Quynn July 2019 Justice for Vets is a non-profit organization based in Alexandria, Virginia, working to reconstruct the way the justice system encounters veterans.
Social justice: ‘Justice on Both Sides’ By Reagan Quynn April 2019 A summary of the book "Justice on Both Sides."
Southern District of New York Holds FAA Preempts State Law Prohibiting Arbitration of Sexual Harassment Claims By Jay Schleppenbach August 2019 From time to time, courts and legislatures have attempted to exclude certain types of claims from being arbitrated.
Teaching Advocacy in Arbitration on the International Stage By Kristen E. Hudson October 2019 An overview of the Willem C. Vis International Commercial Arbitration Moot.
Technology and ADR By Madeline Derango July 2019 Summaries of technology cases of interest to alternative dispute resolution practitioners.
Technology and ADR By Madeline Derango May 2019 Artificial intelligence has the potential to drastically change international arbitration, which poses unique challenges for arbitrators.
Technology and ADR: Data breaches - Class action waivers and consumer concerns By Madeline Derango April 2019 As corporations, consumers, and everyday people have taken life online, personal data has become more vulnerable to cyber crimes.
U.S. Supreme Court holds class arbitration cannot be ordered absent an express agreement By Jay Schleppenbach July 2019 The U.S. Supreme Court concluded in Lamps Plus, Inc. v. Varela that class arbitration cannot be compelled where the arbitration agreement is not silent but rather ambiguous about the availability of such arbitration.
Using ADR in Estate Planning and Administration By David C. Thies December 2019 A call to incorporate ADR techniques in the administration of trusts and estates.
Workplace Transparency Act Including ADR Provisions to Take Effect January 1 By Kaitlin Wolff October 2019 An update for ADR professionals on the Workplace Transparency Act and amendments to the Uniform Arbitration Act.