In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

ISBA Members, please login to join this section

2021 Articles

Bankruptcy Court Lifts Automatic Stay to Permit Arbitration of Non-Core Claims By Jay Schleppenbach October 2021 In cases involving both a bankruptcy and an arbitration agreement, courts have to analyze whether enforcing a valid arbitration agreement would inherently conflict with the underlying purposes of the Bankruptcy Code.
Book Review: ‘Discussions in Dispute Resolutions: The Foundational Articles’ By Brigitte Bell August 2021 A summary and review of "Discussions in Dispute Resolutions: The Foundational Articles."
Book Review: ‘Mediation Ethics: A Practitioner’s Guide’ By Brigitte Bell October 2021 A summary and review of the book "Mediation Ethics: A Practitioner's Guide."
Case Briefs October 2021 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Case Briefs August 2021 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Case Briefs April 2021 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Case Briefs March 2021 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Case Briefs January 2021 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Chair’s Column By Kaitlin D. Wolff October 2021 A note from the chair.
Chair’s Column By Kaitlin D. Wolff August 2021 A note from the chair, Kaitlin D. Wolff.
Chair’s Column By Missy Greathouse January 2021 A note from the chair, Missy Greathouse.
Collaborative Law Update By Brigitte Bell August 2021 The Domestic Relations Division in Cook County recently adopted a collaborative calendar.
COVID-19 and the Practice of Law By Stephen B. Cohen April 2021 A look at how the COVID-19 pandemic has changed the practice of law.
International Bar Association Releases Revised Version of Widely-Used Rules on the Taking of Evidence By John R. Schleppenbach April 2021 To govern what evidence should be admitted or excluded at an arbitration hearing and how those determinations should be made, parties in recent years have increasingly chosen the International Bar Association Rules.
ISBA ADR Section Council Member Profile By Celeste Korando August 2021 A spotlight on Celeste Korando, an ADR Section Council member.
ISBA ADR Section Council Member Profile: Kaitlin Wolff By Kaitlin Wolff April 2021 A Q-&-A member spotlight on Kaitlin Wolff.
ISBA ADR Section Council Member Profile: Sandra Crawford, JD, Mediator Collaborative Professional By Sandra Crawford January 2021 A Q-&-A with Sandra Crawford, a member of the ADR Section Council.
Navigating the International Waters of a Commercial Dispute: Tips for Selecting Arbitrators in an International Arbitration By Kristen E. Hudson & Micaela L. Glass October 2021 The second installment in a series of articles exploring international arbitration policy and procedure.
Navigating the International Waters of a Commercial Dispute: What Law Will Apply to a Commercial Dispute in Arbitration? By Kristen E. Hudson & Micaela L. Glass August 2021 This is the first installment in a series of articles exploring international arbitration policy and procedure.
Nonsignatory to International Arbitration Agreement May Be Allowed to Compel Arbitration By Kristen E. Hudson & Luis A. Hille January 2021 In GE Energy v. Outokumpu, the U.S. Court held that a nonsignatory to a written agreement containing an arbitration clause may avail itself of state law doctrines to compel arbitration where a signatory to the written agreement must rely on the terms of that agreement in asserting claims against the nonsignatory.
Obtaining Third-Party Discovery in Arbitration Is Not Guaranteed By Nicholas A. Gowen March 2021 Arbitration is an efficient way of resolving complex commercial matters, but there is no guarantee that you will be able to obtain third-party discovery as in federal or state court litigation.
Parenting Coordination: A Form of ADR for High-Conflict Situations and Families By Brigitte Schmidt Bell March 2021 Parenting coordination, a form of alternative dispute resolution on the rise over the past 20 years, is based on child-centered mediation practices with added components to address the enduring problems of high-conflict families.
Setting the Level Family Table By Hon. James F. Radcliffe, (ret.) March 2021 A look at the differences between mediating family law cases and civil law cases.
Supreme Court Denies Certiorari in Case Exempting Amazon Delivery Drivers from Federal Arbitration Act By John R. Schleppenbach March 2021 Interstate transportation workers like independent contractor truck drivers have been held by the U.S. Supreme Court to be exempt from compelled arbitration under the Federal Arbitration Act.
Supreme Court Grants Certiorari on Whether Federal Courts Should Employ ‘Look Through’ Approach to Deciding Subject Matter Jurisdiction Over Petitions to Confirm or Vacate Arbitration Awards By Jay Schleppenbach August 2021 A summary and analysis of Badgerow v. Walters.
Teamwork Essential to the Practice of Collaborative Process By Sandra Crawford March 2021 The International Academy of Collaborative Professionals promulgates standards and ethics for professionals practicing collaborative law.
Tenth Circuit Provides Guidance on Determining Personal Jurisdiction to Enforce International Arbitration Awards By John R. Schleppenbach January 2021 In Compania de Inversiones Mercantiles, S.A. v. Grupo Cementos de Chihuahua S.A.B. de C.V., the tenth circuit's decision provides welcomed guidance on establishing personal jurisdiction to enforce an international arbitration award.
Upcoming Events October 2021 Upcoming events of interest.
Upcoming Events August 2021 Upcoming events of interest.