What do attorneys think of mediation?By Thomas D. CavenaghAlternative Dispute Resolution, December 2004Mediation has become an attractive option for resolving legal conflicts of a wide variety. Anecdotal evidence suggests continuing growth in the use of the process by attorneys, but empirical evidence supporting the supposition has not been developed widely.
ADR in law schools: The times, they are a’ changingBy Paula M. YoungWomen and the Law, October 2004When I think about the role ADR plays in legal education, in law practice, and in our broader communities, I think of the following quote: "Our civilization is like a bird with one wing, flying round and round in circles. The other wing is the Feminine. Without it, we cannot go anywhere."
ADR happeningsAlternative Dispute Resolution, May 2004Mediator Applications and Self Certification of Qualifications forms for the Major Case Civil Mediation Program, Law Division, Circuit Court of Cook County can be obtained by calling Raimonda Ferenzi, secretary to Judge Allen S. Goldberg, at 312-603-6078 and she will mail the forms to your office.
Case law updateBy Kristen WeberAlternative Dispute Resolution, May 2004John Joyner, as guardian for his incapacitated mother, filed a claim with the National Association of Securities Dealers, Inc. (NASD) against Raymond James Financial Services, Inc. (James) for breach of fiduciary duty. NASD arbitration ensued.
Court annexed mediation in Cook CountyBy Michael S. JordanBench and Bar, May 2004Mediation is a process whereby the parties are empowered by principled negotiation aided by the involvement of an impartial and non-decisional neutral who enhances communication and encourages collaborative problem solving that results in a voluntary settlement with improved relationships.
De novo review of underinsurance arbitration awardsBy Michael J. MarovichCivil Practice and Procedure, May 2004Victims of automobile accidents often face defendants who lack the resources or the insurance coverage to pay a fully compensatory award of damages.
ADR happeningsBy Kenton SkarinAlternative Dispute Resolution, March 2004On February 9, the American Bar Association's House of Delegates approved a new code of ethics for arbitrators in commercial disputes that provides a presumption of neutrality for all arbitrators, including party-appointed ones.
The biggest mistakes attorneys make in arbitration/mediationAlternative Dispute Resolution, March 2004Editor's Note: The Chairperson of the Alternative Dispute Resolution Section Council of the ISBA invited section council members to provide information concerning what they think are the "Biggest Mistakes Attorneys Make in Arbitration and Mediation."
Case law updateBy Kristen WeberAlternative Dispute Resolution, March 2004Trial court did not abuse its discretion when it barred defendant from rejecting award of arbitrators based on failure to participate in arbitration proceedings in good faith, without conducting evidentiary hearing, when defense counsel argued about ruling on admission of SCR 90(c) package, refused to go forward with hearing, and later left hearing room after arbitrators left room to consult with circuit court judge.
ADR happeningsBy Kristen WeberAlternative Dispute Resolution, December 2003NASD is looking to recruit arbitrators to hear disputes and render decisions involving customer complaints, or employment issues concerning NASD members.
Arbitration: It’s here to stayBy Douglas A. DarchHuman and Civil Rights, December 2003The cost of access to the courts has long been an issue for the practicing bar, as well as advocates for the poor.
Case law updateBy Kenton SkarinAlternative Dispute Resolution, December 2003The trial court erred when it concluded that the defendant had waived its right to enforce arbitration clause in sub-franchise agreement.
ADR happeningsBy Kenton Skarin & Sarah JobstAlternative Dispute Resolution, October 2003The United States Institute of Peace has published a new report entitled "Healing the Holy Land," suggesting ways in which leaders in the Holy Land must address the religious aspects of Middle Eastern conflict in their peacemaking strategy.
Case law updateBy Kristen Weber & Katie RuderAlternative Dispute Resolution, October 2003Menard Co. Housing Authority v. Johnco Construction, Incorporated 4th District Appellate Court of Illinois, No. 4-03-0237.
The constitutionality of court-annexed mediationBy Matthew KingAlternative Dispute Resolution, October 2003Mediation has been gaining momentum in recent years. At the same time, court dockets are becoming even more congested as more and more lawsuits are being filed.
Debarred from right to reject arbitration awardBy Hon. Michael S. JordanBench and Bar, August 2003This subrogation action involving damages sustained in a vehicle collision by plaintiff's insured was referred to mandatory arbitration in Cook County.
ADR happeningsBy Sarah JobstAlternative Dispute Resolution, May 2003On January 1, 2003, the Illinois Commerce commission adopted new rules relating to the administration and implementation of its mediation program solving the disputes of telephone customers in title 83 Ill Adm Code 734.
Case law updateBy Katie RuderAlternative Dispute Resolution, May 2003The 3rd U.S. Circuit Court of Appeals ruled unanimously that because federal judges have the power to sever provisions of an arbitration agreement that violate federal law before sending the case to arbitration, an otherwise unenforceable agreement containing such provisions is enforceable.
Four-year index 1999-2003By Donald AbernathyAlternative Dispute Resolution, May 2003ABA Section of Dispute Resolution" Vol. 8, No. 5.
Arbitration of disputes before The New York Stock ExchangeBy James F. DunnebackGeneral Practice, Solo, and Small Firm, April 2003Many of the national securities markets provide a mechanism for resolution of customer and employer/ employee disputes.
Case law updateBy Katie RuderAlternative Dispute Resolution, April 2003The appellate court ruled that the trial court was not abusive in its judgment when it excluded the plaintiff, Subrogation Company Government Employees, from declining a mandatory arbitration award of $0.
HappeningsAlternative Dispute Resolution, April 2003The Center for Analysis of ADR Systems (CAADRS) has just posted to its Web site (www.caadrs.org) a bibliography of more than 60 studies of court mediation programs.
Pending Illinois ADR legislationAlternative Dispute Resolution, April 2003The following summaries describe bills recently introduced in the Illinois Legislature.
An update on mandatory arbitration in Cook CountyBy Hon. Jacqueline P. CoxBench and Bar, March 2003The Mandatory Arbitration Program in all six of Cook County's Municipal districts is an alternative dispute resolution process for civil suits seeking monetary damages of $30,000 or less.
ADR happeningsBy Sarah JobstAlternative Dispute Resolution, February 2003The Senate Government Affairs Committee approved Senate Bill 1651, which creates the U.S. Consensus Council, an independent and nonprofit entity modeled after the United States Institute of Peace
Arbitration of disputes before The New York Stock ExchangeBy James F. DunnebackBusiness Advice and Financial Planning, February 2003Many of the national securities markets provide a mechanism for resolution of customer and employer/ employee disputes
Book reviewBy Bryan L. ShellAlternative Dispute Resolution, February 2003Becoming a Mediator is written to help one begin a career in mediation. Lovenheim's introduction explains the various misconceptions surrounding the field of mediation.