In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2024 Articles

Adjudication vs. ADR in Family Law, in Search of Deeper Dialogue and Understanding By Sandra Crawford, J.D. February 2024 The model of conflict resolution a client uses to address their legal disputes can have a profound impact on things like how long they will be in process and how sustainable their outcomes will be.
ADR, DEI, and You By Allison K. Bethel April 2024 Diversity, however defined, is lacking within the ADR field.
American Arbitration Association Issues Amended Mass Arbitration Rules By Jay Schleppenbach April 2024 On January 15, the American Arbitration Association issued amended Mass Arbitration Supplementary Rules and new Consumer Mass Arbitration and Mediation Fee Schedules.
Artificial Intelligence and ADR By Judge Ann Breen-Greco February 2024 A brief overview of how artificial intelligence can assist in mediations.
Capping Arbitration: India’s Contentious Policy Shift By Menaka Sawhney September 2024 A critical examination of India’s recently released office memorandum, “Guidelines for Arbitration and Mediation in Contracts of Domestic Public Procurement.”
Case Briefs By ADR Section Council November 2024 Summaries of written decisions issued in nine cases of interest to ADR practitioners.
Case Briefs September 2024 Summaries of written decisions issued in seven cases of interest to ADR practitioners.
Case Briefs July 2024 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Case Briefs April 2024 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Case Briefs February 2024 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Chair’s Column By Jennifer L. Thompson July 2024 A note of welcome from the new chair of the Alternative Dispute Resolution Section Council.
Eleventh Circuit Rejects Challenge to Arbitral Award Based on Arbitrators’ Failure to Disclose Potential Conflicts By Jay Schleppenbach February 2024 When can an arbitrator’s failure to disclose potential conflicts jeopardize the enforceability of the arbitral award? The eleventh circuit’s recent decision in Grupo Unidos Por el Canal, S.A. v. Autoridad del Canal de Panama provided some interesting guidance.
Getting to the Heart of the Matter: The Role of Mediation in Divorce By Marie Sarantakis April 2024 Divorce is an area especially well-suited to mediation and other forms of alternative dispute resolution such as collaborative law. 
IBA Updates Guidelines on Conflicts of Interest in International Arbitration By Jay R. Schleppenbach September 2024 A look at the updated IBA Guidelines on Conflicts of Interest in International Arbitration.
Insight Mediation: The Evolution of Mediation Theory and Practice By Sandra Crawford, J.D. April 2024 Insight mediation helps parties tell their stories, explore underlying interests and concerns, and generate options for solving problems and reaching agreements.
International Commercial Arbitration: An Overview By H. Vincent Draa July 2024 While often viewed as a relatively modern and untried means of dispute resolution, arbitration actually developed prior to or in tandem with many formal legal systems.
ISBA ADR Section Council Member Profile: Jessica Hudspeth By Missy Greathouse February 2024 A member spotlight on Alternative Dispute Resolution Section Council Member Jessica Hudspeth.
ISBA ADR Section Council Member Profile: Marie Sarantakis April 2024 A spotlight on Marie Sarantakis, member of the Alternative Dispute Resolution Section Council.
Jordan Chiles Olympics Controversy Highlights Arbitral Issues By Jay R. Schleppenbach November 2024 On August 10, 2024, United States Olympic gymnast Jordan Chiles made headlines when the Court of Arbitration for Sport (CAS) overturned her bronze-medal finish in the gymnastics floor exercise finals of the Paris Olympics and instead held that bronze should be awarded to a Romanian gymnast. Chiles has appealed the CAS’s decision to the Swiss Supreme Court. Whatever the merits of that appeal may be, the controversy has brought arbitration issues into the limelight in an interesting way.
New Federal Reporting Requirement for Your Law Firm This Year By Annette Fernholz November 2024 A new rule under the Corporate Transparency Act now requires many businesses in the United States, including small law firms, to report information about who ultimately owns or controls them to the Financial Crimes Enforcement Network.
States Split on Arbitrability of Wrongful Death Claims By Jay Schleppenbach July 2024 Arbitration practitioners need to be aware that the arbitrability of wrongful death claims is a disputed issue.
Supreme Court Clarifies That Courts Must Stay Rather than Dismiss Cases Referred to Arbitration By Stephen I. Lane September 2024 In Smith v. Spizzirri, a court cannot deny a party's request for a stay pending arbitration and dismiss the case. Section 3 of the FAA compels the court to issue a stay.
Upcoming Events September 2024 Mark your calendars for an upcoming video replay of a Master Series CLE event presented by the ISBA.
What’s New in the World of Arbitration: Hot Topics and Big Changes By Kristen E. Hudson September 2024 An arbitration primer and key best practices.