Articles on Alternative Dispute Resolution | Illinois State Bar Association

ADR happenings By Megan Boan Alternative Dispute Resolution, September 2006 After winning approval from the Securities and Exchange Commission, the New York Stock Exchange is moving to exclude a wider range of neutrals from acting on behalf of the public arbitrators in securities disputes.

Arbitration: Why some general counsel have mixed feelings By Steve Mroczkowski Alternative Dispute Resolution, September 2006 In a recent article appearing on law.com entitled “Arbitration’s Fall from Grace,” Lou Whiteman commented on the waning popularity of arbitration in the eyes of some corporate counsel in the United States.

Case summaries By Megan Boan Alternative Dispute Resolution, September 2006 Morgan Stanley instituted arbitration proceedings against Laws to recover alleged deficit of $689,115 in Laws’ margin account.

International alternative dispute resolution By Steve Mroczkowski Alternative Dispute Resolution, September 2006 Organizations such as the American Arbitration Association and the International Centre for Dispute Resolution (the international division of the AAA) have already taken action to promote Alternative Dispute Resolution internationally.

Recent court pronouncements continue to shape nationwide pro-arbitration policies By Joshua C. Smith Civil Practice and Procedure, September 2006 The universe of private civil dispute resolution is divided into two worlds these days: there is the traditional judiciary and there is private arbitration via contract.

Case summaries Alternative Dispute Resolution, June 2006 Recent cases of interest to ADR practitioners.

Happenings By Kristi Hornickel, Megan Kawa, & Samia Zayed Alternative Dispute Resolution, June 2006 After ruling on a case in which an arbitrator decided to dismiss a case after inferring a one-year statute of limitation from an expired contract, the Fourth Circuit Court of Appeals clarified the conditions under which an arbitrator's decision can be vacated for manifest disregard of the law.

Inadequate disclosure by arbitrator results in award being vacated By Robert E. Wells, Jr. Alternative Dispute Resolution, June 2006 The Fifth Circuit in Positive Software Solutions, Inc. v. New Century Mortgage Corp., No. 4-11432 (January 11, 2006) held that an arbitrator's failure to disclose his professional relationship with an attorney from one of the parties, justified the District Court's decision to vacate the arbitration award.

Rethinking divorce through collaborative practice By Samia Zayed Alternative Dispute Resolution, June 2006 By now it is no surprise to most people that 50 percent of all marriages in the United States end in divorce.

Seventh Circuit’s final answer: Would-be millionaire’s failure to read official contest rules did not invalidate agreement to arbitrate By James F. McCluskey & Lori N. Carrozza Civil Practice and Procedure, June 2006 The next time you peel back a Reading Railroad game piece from your large soft drink, be mindful that you may have just agreed to not pass “Go” and to “go straight to arbitration” with respect to any and all disputes arising from the popular promotional game.

Case summaries By Kristi Hornickel, Megan Kawa, & Samia Zayed Alternative Dispute Resolution, April 2006 Traveler's Casualty and Surety Co. (Insurer) and ACandS (Insuree) entered into a coverage agreement which included an arbitration clause.

Change in Small Claims limits affects arbitration By Hon. Michael S. Jordan Bench and Bar, April 2006 As most of you are aware, the Illinois Supreme Court recently raised the dollar amount of Small Claims from $5,000 to $10,000 effective the beginning of 2006.

Happenings By Kristi Hornickel, Megan Kawa, & Samia Zayed Alternative Dispute Resolution, April 2006 Consumer arbitration policy has been a hotly contested issue and the New Jersey Supreme Court took center stage in the debate when it heard arguments from two cases in February.

News and events By Kristi Hornickel, Megan Kawa, & Samia Zayed Alternative Dispute Resolution, April 2006 MTI is coordinating an effort to elect mediators to public office in the United States and other democracies.

Restorative justice around the world By Kim Broyles Alternative Dispute Resolution, April 2006 A shift in views about crime has been seen around the world. As the view of crime has shifted back to being viewed as a violation against a person as apposed to against the state there has been a worldwide criminal justice reform (Van Ness, 1996, 2005).

Alternative dispute resolution By Margery Newman Real Estate Law, March 2006 Alternative dispute resolution, also referred to as “ADR,” is a way to settle disputes outside of the courthouse. ADR encompasses several types of processes, including arbitration,mediation, conciliation, mini-trial and other types of non-litigation dispute resolution.

Alternative dispute resolution in the 17th Judicial Circuit By Hon. Harris H. Agnew Alternative Dispute Resolution, March 2006 The 17th Circuit, in collaboration with the Winnebago and Boone County Bar Associations, has been a leader in the development of alternative dispute resolution programs.

Case summaries By Kristi Hornickel & Samia Zayed Alternative Dispute Resolution, March 2006 Recent cases of interest to ADR practitioners.

Happenings By Kristi Hornickel & Tracie Hunt Alternative Dispute Resolution, March 2006 The Florida Supreme Court plans to a debate a proposal that, if implemented, would better inform mediation participants about their obligations and the process itself.

Mediation can constitute social work By Megan Kawa Alternative Dispute Resolution, March 2006 As a licensed clinical social worker through 1998, Jerry Penny continued to practice even though his license expired.

Standards & certification section By Megan Kawa & Samia Zayed Alternative Dispute Resolution, March 2006 Electronic mail has been ruled as an acceptable means for initiating arbitration by England's Commercial Court.

ADR happenings By Megan Kawa & Samia Zayed Alternative Dispute Resolution, February 2006 In December, Congressman Charlie Norwood (R-GA) introduced the bill H.R. 4503, supported by Lincoln Davis (D-TN) and Sam Graves (R-MO).

Case summaries By Megan Kawa & Samia Zayed Alternative Dispute Resolution, February 2006 The Universal Service Fund filed a complaint at the district level alleging that defendants Sprint and AT&T collaborated with Worldcom in violation of the FCA and the Sherman Act.

A dispute resolution balancing act By Stephanie Cady Alternative Dispute Resolution, February 2006 As the field of mediation grows, the benefits of this method of alternative dispute resolution have become significant to the legal world.

FMCS study found mediation saved $9 billion for economy By Megan Kawa Alternative Dispute Resolution, February 2006 A study was released in November by the Federal Mediation and Conciliation Service claiming that $9 billion has been saved for business and workers between 1999 and 2004 by the use of mediation in labor negotiations and work stoppages.

Message from the Chair By Hon. Michael S. Jordan Alternative Dispute Resolution, February 2006 I am happy to say that the November 18, 2005 CLE program on mediation skills held in Springfield at the Abraham Lincoln Presidential Library was a success.

Ombudsmen: Part III By Kristi Hornickel Alternative Dispute Resolution, February 2006 In the previous two issues of In the Alternative, the role of the ombudsmen has been introduced and the privilege of confidentiality with respect to an ombudsmen has been discussed.

ADR happenings By Kristi Hornickel Alternative Dispute Resolution, December 2005 High-ranking Utah senator, Orrin Hatch, intends to propose a bill that would establish a federal property rights ombudsperson with the authority to order arbitration or mediation of government cases involving real estate disputes.

Case summaries By Kristi Hornickel Alternative Dispute Resolution, December 2005 Recent cases of interest.

Debarred from right to reject arbitration award; lessons for arbitrators and litigants By Hon. Michael S. Jordan Bench and Bar, December 2005 This subrogation action involving damages sustained in a vehicle collision by plaintiff’s insured was referred to mandatory arbitration in Cook County.

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