HappeningsBy Whitney RhewAlternative Dispute Resolution, December 2010Mediation updates from around the country.
NFL’s labor fight predicted to be expensiveBy Margaret NunneAlternative Dispute Resolution, December 2010If the owners and the NFL Players Association are unable to come to an agreement, it would mean the first work stoppage since 1987.
Time to make a differenceBy Robert E. Wells, Jr.Alternative Dispute Resolution, December 2010Law Day 2011 provides an ideal vehicle to re-emphasize the efforts and commitment of our profession to making this a better world. Check the next issue of this newsletter for details on how to get involved.
Case briefsBy Ivana MiljicAlternative Dispute Resolution, October 2010Summaries of recent cases affecting ADR practitioners.
Foreclosure growth fuels mediation growth in IllinoisBy Whitney RhewAlternative Dispute Resolution, October 2010As of August 1, 2010, lenders must now attend mediation with the homeowner and a third-party neutral before proceeding with foreclosure in Will County.
HappeningsBy Ivana MiljicAlternative Dispute Resolution, October 2010Mediation updates from around the country.
Scope of arbitrator’s authority limits authority in rewarding damagesBy Margaret NunneAlternative Dispute Resolution, October 2010In Prate Installations, Inc., v. Chicago Regional Council of Carpenters, the court found that an arbitrator cannot award damages or remedies for periods of time after the expiration of the collective bargaining agreement.
Supreme Court grants arbitrators more powerBy Joshua BaileyAlternative Dispute Resolution, October 2010Since Section 2 of the Federal Arbitration Act states that such clauses are “valid, irrevocable, and enforceable” without mentioning the validity of the agreement as a whole, the U.S. Supreme Court ruled that a challenge to the whole agreement must be decided by the arbitrator.
Restorative Justice Program in Cook County unique in U.SWomen and the Law, September 2010Currently, unpaid child support is collected through a system of seizures and penalties, sometimes including jail time. In this area of law enforcement, the adversarial process not only reinforces the conflict that drives these disputes, it is costly. Often, modest available resources are siphoned off in attorneys’ fees, court costs, and fines. In contrast, the restorative circle process enables the family members and their supporters to discuss and explore their concern for their children’s needs in a constructive, thoughtful and respectful manner.
Victim-offender mediation: An alternativeBy Don C. HammerChild Law, September 2010During Victim-offender mediation, the victim has an opportunity to confront the offender and explain to the offender the effect of the crime on the victim’s life. The offender gets to see first-hand the effect of his actions on another person and to take responsibility for what he has done.
Declining to compel arbitration on public policy grounds: Thomas v. Carnival Corp.By Alex C. LakatosInternational and Immigration Law, August 2010This case is significant because it takes what may be deemed a broad view of when it is appropriate to decline to compel arbitration based on the “public policy” affirmative defense.
Dispute resolution precautions in IndiaBy Sonia Baldia & Violeta I. BalanInternational and Immigration Law, August 2010A few practical considerations to keep in mind when drafting contractual dispute resolution provisions involving India.
ADR and international trade conventionsBy Thomas D. CavenaghAlternative Dispute Resolution, June 2010ADR processes are desirable in international agreements as they encourage party participation, eliminate some of the rule-driven formality of litigation and focus more heavily on negotiated outcomes.
Third-party discovery in arbitrationsBy Champ W. DavisAlternative Dispute Resolution, June 2010Should parties be free to spell out the procedures they will abide by? Or should third-party discovery be eliminated altogether so that arbitration is faster and less costly? The Seventh Circuit has so far been split on the issue.
Case summariesBy Nicholas PavlopoulosAlternative Dispute Resolution, May 2010Recent cases related to alternative dispute resolution.
A comment on “gross error”By Jon GilbertAlternative Dispute Resolution, May 2010A case decided two years ago by the Illinois Supreme Court may do away with the doctrine of "manifest disregard of the law" as a basis for challenging an award.