In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2022 Articles

Case Briefs October 2022 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Case Briefs July 2022 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Case Briefs March 2022 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Case Briefs January 2022 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Congress Passes Legislation Restricting Arbitration of Sexual Assault and Harassment Claims By Jay Schleppenbach March 2022 Concerns that certain types of claims are ill suited for arbitration have led to the passage of federal legislation that actually amends the Federal Arbitration Act to give employees who are parties to arbitration agreements with their employers the option of bringing their claims of sexual assault or sexual harassment in arbitration or court.
Former Judges as Mediators By Ron Spears January 2022 One member's observations of mediation after retirement from the bench.
ISBA ADR Section Council Member Profile: Katherine Gloede March 2022 A spotlight on Katherine Gloede, a member of the ADR Section Council .
ISBA ADR Section Council Member Profile: Michael A. Zuckerman, Esq. By Missy Greathouse October 2022 A spotlight on a member of the Alternative Dispute Resolution Section Council.
Keys to Increasing Your Prospects for Success in Mediation: Insights From Chief Circuit Mediator for the U.S. Court of Appeals for the Seventh Circuit By Edward Casmere July 2022 Highlights from conversations with Joel Shapiro, a mediator at the U. S. Court of Appeals for the Seventh Circuit for the last 28 years.
Navigating the International Waters of a Commercial Dispute: Gathering Evidence in an International Arbitration By Kristen E. Hudson & Micaela L. Glass January 2022 The third installment in a series of articles exploring international arbitration policy and procedure.
Navigating the International Waters of a Commercial Dispute: The Importance of the Arbitral Seat in International Arbitration By Kristen E. Hudson & Andrew S. Becker October 2022 The fourth article in a series of articles examining various aspects of international commercial arbitration
The Need for Uniformity By Stephen B. Cohen July 2022 A look at how the COVID-19 pandemic has changed the practice of law.
3 comments (Most recent August 1, 2022)
Restorative Justice Update By Ashanti Madlock Henderson March 2022 Updates on the restorative justice landscape.
Seventh Circuit Rejects Award Interpretation Allowing Party to Delay Payment Indefinitely By Jay Schleppenbach July 2022 In its recent decision in Nano Gas Technologies, Inc. v. Clifton Roe, the appellate court dealt with an arguably ambiguous award, but ultimately resolved any ambiguity without the need for remand to the arbitrator.
Spring 2022 Supreme Court Arbitration Cases Worth Noting By Deborah Soehlig October 2022 Summaries of three recent arbitration decisions.
Supreme Court Limits Federal Courts’ Ability to Order Discovery for International Arbitrations By Jay Schleppenbach October 2022 For years, the United States circuit courts have split on the question of whether 28 U.S.C. § 1782, which permits parties to apply for discovery for use in a proceeding before a “foreign or international tribunal,” extends to private commercial arbitrations abroad.
Supreme Court Set to Weigh in on Prejudice Requirement for Waiver of Arbitration Rights By Jay Schleppenbach January 2022 It is well-established that the right to arbitrate claims rather than have them heard in the court system, like other contractual rights, can be waived. But determining when that waiver has occurred has not always been clear cut.
Upcoming Events March 2022 Upcoming events of interest.
Upcoming Events January 2022 Upcoming events of interest.
What the Fika? By H. Case Ellis January 2022 The ADR Section Council has started having "Fika" get-togethers.