Section Newsletters

Articles From Robert E. Wells, Jr.

Mental Health – The Key to the Kingdom By Robert E. Wells, Jr. Mental Health Law, May 2024 Mental health plays a large role in our everyday lives and, although often underfunded, various federal and state programs are intended promote increased awareness of and access to mental health services.
Observe Mental Health Month: Care for Yourself, Your Community By Robert E. Wells, Jr. Mental Health Law, May 2021 Ways to observe Mental Health Month.
Choice of ADR method By Robert E. Wells, Jr. Alternative Dispute Resolution, October 2016 The following checklist was prepared by Robert E. Wells, Jr. and was included in his presentation – “Mediation and Alternative Dispute Resolution: An Alternative to Litigation” at the Elder Law Bootcamp presented in April, 2016.
Candor and disclosure are the keys to avoiding conflicts and complaints By Robert E. Wells Alternative Dispute Resolution, February 2015 The second installment of a fictional encounter between a mediator and an attorney seeking to mediate a family succession plan.
Potential role of a mediator in succession planning By Robert E. Wells, Jr. Alternative Dispute Resolution, July 2014 A fictional encounter between a mediator and an attorney seeking to mediate a family succession plan.
Positions versus interests (Part II) By Robert E. Wells, Jr. Alternative Dispute Resolution, January 2014 The second part of an article that was originally published in this newsletter in February 2013.
In politics, the middle way is none at all By Robert E. Wells, Jr. Alternative Dispute Resolution, February 2013 A fictitious conversation highlighting the importance of listening.
London Mediation Tournament By Robert E. Wells, Jr. Alternative Dispute Resolution, June 2011 A recap of this year's InterNational Academy of Dispute Resolution’s Tenth Annual International Law School Mediation Tournament, which took place in March.
Dealing with time limits By Robert E. Wells, Jr. Alternative Dispute Resolution, April 2011 A fictional discussion of the importance of mediator credibility.
Time to make a difference By Robert E. Wells, Jr. Alternative Dispute Resolution, December 2010 Law 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.
Knowing your limits By Robert E. Wells, Jr. Alternative Dispute Resolution, May 2010 A fictional scenario highlighting medical ethics issues.
Preparation: The art of identifying parties-in-interest and potential conflicts By Robert E. Wells, Jr. Alternative Dispute Resolution, April 2010 A fictional conversation highlighting common mediation dilemmas.
Trilogy of U.S. Supreme Court cases continues trend favoring arbitration By Robert E. Wells, Jr. Alternative Dispute Resolution, November 2009 The U.S. Supreme Court issued three opinions which generally (but not universally) continues its trend favoring arbitration. These cases follow the reiterated federal policy favoring alternative dispute resolution, in general, and arbitration, in particular. However, unanimity is not a mainstay of the opinions issued.
Sometimes it helps to ask, even when we know the answer By Robert E. Wells, Jr. Alternative Dispute Resolution, October 2009 A fictional dialog about mediation.
The ethics of confidentiality: Suggestions for resolution of disputed, but quantifiable facts By Robert E. Wells, Jr. Alternative Dispute Resolution, May 2008 A hypothetical conversation involving ethics and confidentiality.
Mediation limits / opportunities By Robert E. Wells, Jr. Alternative Dispute Resolution, April 2008 Lack of injunctive relief and limitation on discovery are two perceived “weaknesses” of mediation. However, a closer examination reveals that perceptions may not be reality.
Mediation: Obstacle or tool? (Insight to a Litigator) By Robert E. Wells, Jr. Alternative Dispute Resolution, January 2008 Joe, a premier litigator, wondered how to respond to Judge Taylor’s request that one of his current cases be mediated.
So you want to be a mediator? (Or, a better one?) By Robert E. Wells, Jr. Alternative Dispute Resolution, January 2008 Susan wanted to be a mediator. She had been a judge for 19 years and planned to retire the next year.
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.
The jury system: Evolution of revolution By Robert E. Wells, Jr. Alternative Dispute Resolution, April 2006 The jury system is under attack in Congress, in the Illinois Legislature, and in the press. Much of the criticism focuses on the perception of “run-away jury verdicts.”
Message from the Chair: Let the debate continue By Robert E. Wells Alternative Dispute Resolution, May 2005 This Section Council looks forward to a healthy dialogue regarding the "best" style of mediation. Hopefully, the "debate" of this topic will expand our understanding of the dynamics of mediation and enhance our abilities and capabilities.
Violence prevention/intervention for parents (The teen years) By Robert E. Wells, Jr. Alternative Dispute Resolution, December 2003 This is the third article of a threepart series concerning Violence Prevention/Intervention for Parents.
Violence prevention/intervention for parents By Robert E. Wells, Jr. Alternative Dispute Resolution, April 2003 This is the second article of a three-part series concerning Violence prevention/Intervention for Parents.
The wrong way to implement ADR By Robert E. Wells Alternative Dispute Resolution, November 2002 AT&T found out that there are limits to the manner in which a company may implement a Mandatory Arbitration Provision.
Negotiating with pro se litigant By Robert E. Wells Alternative Dispute Resolution, June 2002 There is nothing most attorneys dread more than the pro se litigant. Not only is everything personal, but an attorney is required to forcefully advocate for his/her client, while meeting his/her ethical duty to the profession and his/her responsibility to the court

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