Section Newsletters

Articles on Alternative Dispute Resolution

Ombudsmen: Part II By Kristi Hornickel Alternative Dispute Resolution, December 2005 The first article in this series established that the purpose of an Ombudsman is to provide individuals with a neutral, unbiased, and confidential resource through which they can voice their concerns without the fear of retribution.
Traditional ceremonies prove effective in tribal court By Gil Halsted Alternative Dispute Resolution, December 2005 Wisconsin Indian tribes are reaching centuries back into their history to find a new way of settling disputes.
Who determines an arbitration agreement’s conscionability? By Samia Zayed Alternative Dispute Resolution, December 2005 The question of whether or not arbitrators should decide when arbitration agreements are unconscionable is being tackled by an eleven judge en banc panel of the 9th Circuit in California.
ADR happenings By Kristi Hornickel Alternative Dispute Resolution, October 2005 Wells Fargo announced late in August that it will discontinue its use of mandatory arbitration clauses in real estate loans.
Arbitration fees—Who pays? By John Gilbert Alternative Dispute Resolution, October 2005 One effective way to deal with the escalating cost of dispute resolution is to simply not pay the fees and costs involved.
Case summaries By Kristi Hornickel Alternative Dispute Resolution, October 2005 The Insured, Office Environment, Inc. filed a claim against the Insurer, Lake States Insurance, alleging failure to pay a claim.
Florida: Pressure by Mediator can justify setting aside a settlement By Samia Zayed Alternative Dispute Resolution, October 2005 A case brought to Florida's 4th district court of appeals should serve as a reminder to mediators that pressuring or coercing parties to settle is improper and settlements made under these conditions can be set aside.
Ombudsmen: Part 1 By Kristi Hornickel Alternative Dispute Resolution, October 2005 After a rousing speech in Southern Illinois earlier this year by President Bush, most Americans were ready to jump on the Alternative Dispute Resolution bandwagon, on their way to less-crowded dockets and tort reform for all.
The Circuit Court of Cook County Law Division’s Court-Annexed Mediation: A program with bite… By William D. Maddux Bench and Bar, September 2005 The Court-Annexed Mediation Program just celebrated its one-year anniversary, having been implemented in the Law Division in April 2004.
The Alternative Dispute Resolution Handbook of the ADR Section Council of the State Bar of Texas By Stanley J. Dale Labor and Employment Law, July 2005 Popular song lyrics tell us about a state where the stars shine bright, a yellow rose can be seen, and where all of one chap's ex-wives reside.
Mediation of financial issues in divorce By Don C. Hammer Family Law, July 2005 The Illinois Supreme Court, on January 26, 2005, approved a program in the Eleventh Circuit for the mediation of financial and property issues in divorce cases (both pre-decree and post-decree) and family (paternity) cases.
ADR happenings By Michael O’Brien Alternative Dispute Resolution, June 2005 Coming up in early December is a Joint ADR Conference entitled, "Coming Together for Peace."
Are mediation and neutral evaluation effective in civil cases? By Brendan D. Bukalski Alternative Dispute Resolution, June 2005 How effective are mediation and neutral evaluation? Both mediation and neutral evaluation involve a neutral third party, who has no power over the parties; mediation, a process that helps facilitate communication between the parties, and neutral evaluation, a process in which the third party evaluates the strengths and weaknesses of the parties' cases, take place in court-connected programs.
Case summaries By Tracie Hunt Alternative Dispute Resolution, June 2005 Howard Colman owns Cronus Investments. Colman transferred Dew-All Services, Inc., a home-management business, to Concierge Services, LLC to which Colman has a 20 percent interest. Westrec Marina Management, Inc., owns the remaining of Concierge.
Mediation of financial issues in divorce By Don C. Hammer Alternative Dispute Resolution, June 2005 The Illinois Supreme Court, on January 26, 2005, approved a program in the Eleventh Circuit for the mediation of financial and property issues in divorce cases (both pre-decree and post-decree) and family (paternity) cases.
ADR happenings By Jennifer Morris Alternative Dispute Resolution, May 2005 In 2001, the National Conference of Commissioners on State Laws (NCCUSL) drafted the Uniform Mediation Act (UMA), which, if adopted in each state, would bring much-needed uniformity to mediation.
Case summaries By Stanley N. Wasser Alternative Dispute Resolution, May 2005 Recent cases of interest to ADR practitioners.
Mediator certification: Good or bad? By Kylie Polson Alternative Dispute Resolution, May 2005 Mediators facilitate conversations between parties and help them generate resolutions in numerous situations, but how do parties know if the mediator will be effective?
Orders to mediate are not appealable By Deborah S. Bussert Alternative Dispute Resolution, May 2005 In a short and concise opinion, Short Brothers Construction, Inc. v. Korte & Luitjohan Contractors, Inc., et al., No. 02-L-61 (Fifth District April 12, 2005), the Illinois Appellate Court for the Fifth District recently held that a mediation order entered by a circuit court judge is not appealable under Supreme Court Rule 307.
ADR happenings By Michael O’Brien Alternative Dispute Resolution, April 2005 On February 25, 2005, the Illinois Senate passed on a new bill concerning the status of an Arbitrator in civil litigation.
Alternative dispute resolution: Making a federal case out of a simple breach of a construction contract case By Stanley N. Wasser Alternative Dispute Resolution, April 2005 Out-of-state arbitration issues in construction cases can be a sticky wicket.
Case summaries By Fallon Opperman Alternative Dispute Resolution, April 2005 In August of 2002, Neal Anderson was injured in a traffic accident involving David Pineda. Anderson filed a complaint against Pineda to recover for the injuries suffered in the accident. Anderson also claimed that Pineda's negligence caused the accident.
Local programs update By Harris H. Agnew Alternative Dispute Resolution, April 2005 All too often in recent times, disputants approach their disagreements on a scorched-earth basis. A take-no-prisoners, in-your-face attitude exists in many instances.
Special education mediation in Illinois By Denise Gibson Alternative Dispute Resolution, April 2005 In 1997, Congress added a requirement that state education agencies must make mediation available whenever a request for a due process hearing has been filed when it reauthorized the Individuals with Disabilities Education Act. In Illinois, the State Board of Education provides this mediation service upon request and agreement of the parties.
Case summaries By Michael O’Brien Alternative Dispute Resolution, February 2005 In the process of building a dormitory on the campus of the University of Wisconsin Milwaukee's campus, a dispute arose between J.H. Finderoff & Sons (Finderoff) and their union workers over the proper use of Bobcat machinery.
Is there third-party discovery in arbitration? By John Gilbert Alternative Dispute Resolution, February 2005 The subject of discovery has received a lot of attention in the past few years because of the expense involved.
Practitioner resources By Michael O’Brien Alternative Dispute Resolution, February 2005 In the third edition of the Alternative Dispute Resolution Handbook from the ADR Section Council of Texas, we are given a comprehensive look at all aspects of ADR from several different authors.
Recent OCC policies, mediation, and arbitration operate to safeguard national banks from litigation with consumers and states By Daryl Jones Alternative Dispute Resolution, February 2005 Recent Office of the Comptroller of Currency (OCC) regulations and mandatory arbitration have combined to undermine the leverage of state Attorneys General in mediation.
Case summaries By Michael O’Brien Alternative Dispute Resolution, December 2004 Eric Jensen (Jensen) entered into a franchise agreement with Quik International (Quik) on July 3, 2002. T
Enforceable settlement or unenforceable penalty? By Champ W. Davis, Jr. Alternative Dispute Resolution, December 2004 The rule that a liquidated damage provision is unenforceable if it is a "penalty" has been applied to settlement agreements in which one party has granted a "discount" to the other if the terms of the settlement are met in a timely fashion.

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