Third-party discovery in arbitrations
By Champ W. Davis
Alternative Dispute Resolution,
June 2010
Should 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.
Chair’s column
By Champ W. Davis, Jr.
Alternative Dispute Resolution,
June 2009
A note from Chair Champ Davis Jr.
Chair’s Column
By Champ W. Davis, Jr. & Christine Polk Mohr
Alternative Dispute Resolution,
March 2009
A note from the ADR Section Chair.
Retention of jurisdiction to enforce a settlement agreement
By Champ W. Davis, Jr. & Christine Polk Mohr
Alternative Dispute Resolution,
December 2008
Attorneys often settle cases with dismissal orders which provide for dismissals “with prejudice” but which also provide that the court shall retain jurisdiction to enforce the settlement.
Chair’s Column
By Champ W. Davis
Alternative Dispute Resolution,
October 2008
The ADR Council is off to a good start in the 2008-2009 Bar year. We have several new members—all of whom are actively involved in alternative dispute resolution.
Arbitration alternatives
By Champ W. Davis, Jr.
Alternative Dispute Resolution,
October 2007
Arbitration is a common form of dispute resolution.
When is a settlement a settlement?
By Champ W. Davis, Jr.
Alternative Dispute Resolution,
March 2006
Despite the wealth of case law enforcing oral settlements and the long-standing tendency of courts to favor compromise and settlement, the enforceability of an oral agreement reached at mediation appears to depend upon the location of the mediation.
Overcoming some common barriers to settlement
By Champ W. Davis
Alternative Dispute Resolution,
May 2005
There are many roadblocks to the settlement of a legal dispute. Some are created by the lawyers and clients and arise from the tactics chosen by the negotiators or from the different perceptions each side has as to the value of its claims or defenses.
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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