Section Newsletters

Articles on ADR

Congress Passes Legislation Restricting Arbitration of Sexual Assault and Harassment Claims By Jay Schleppenbach Alternative Dispute Resolution, March 2022 Concerns that certain types of claims are ill suited for arbitration have led to the passage of federal legislation that actually amends the Federal Arbitration Act to give employees who are parties to arbitration agreements with their employers the option of bringing their claims of sexual assault or sexual harassment in arbitration or court.
Restorative Justice Update By Ashanti Madlock Henderson Alternative Dispute Resolution, March 2022 Updates on the restorative justice landscape.
Upcoming Events Alternative Dispute Resolution, March 2022 Upcoming events of interest.
Navigating the International Waters of a Commercial Dispute: Gathering Evidence in an International Arbitration By Kristen E. Hudson & Micaela L. Glass International and Immigration Law, February 2022 The third installment in a series of articles exploring international arbitration policy and procedure.
Former Judges as Mediators By Ron Spears Alternative Dispute Resolution, January 2022 One member's observations of mediation after retirement from the bench.
Navigating the International Waters of a Commercial Dispute: Gathering Evidence in an International Arbitration By Kristen E. Hudson & Micaela L. Glass Alternative Dispute Resolution, January 2022 The third installment in a series of articles exploring international arbitration policy and procedure.
Supreme Court Set to Weigh in on Prejudice Requirement for Waiver of Arbitration Rights By Jay Schleppenbach Alternative Dispute Resolution, January 2022 It is well-established that the right to arbitrate claims rather than have them heard in the court system, like other contractual rights, can be waived. But determining when that waiver has occurred has not always been clear cut.
What the Fika? By H. Case Ellis Alternative Dispute Resolution, January 2022 The ADR Section Council has started having "Fika" get-togethers.
Navigating the International Waters of a Commercial Dispute: Tips for Selecting Arbitrators in an International Arbitration By Kristen E. Hudson & Micaela L. Glass International and Immigration Law, December 2021 The second installment in a series of articles exploring international arbitration policy and procedure.
Bankruptcy Court Lifts Automatic Stay to Permit Arbitration of Non-Core Claims By Jay Schleppenbach Commercial Banking, Collections, and Bankruptcy, November 2021 In cases involving both a bankruptcy and an arbitration agreement, courts have to analyze whether enforcing a valid arbitration agreement would inherently conflict with the underlying purposes of the Bankruptcy Code.
Navigating the International Waters of a Commercial Dispute: What Law Will Apply to a Commercial Dispute in Arbitration? By Kristen E. Hudson & Micaela L. Glass International and Immigration Law, November 2021 This is the first installment in a series of articles exploring international arbitration policy and procedure.
Bankruptcy Court Lifts Automatic Stay to Permit Arbitration of Non-Core Claims By Jay Schleppenbach Alternative Dispute Resolution, October 2021 In cases involving both a bankruptcy and an arbitration agreement, courts have to analyze whether enforcing a valid arbitration agreement would inherently conflict with the underlying purposes of the Bankruptcy Code.
Case Briefs Alternative Dispute Resolution, October 2021 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Navigating the International Waters of a Commercial Dispute: Tips for Selecting Arbitrators in an International Arbitration By Kristen E. Hudson & Micaela L. Glass Alternative Dispute Resolution, October 2021 The second installment in a series of articles exploring international arbitration policy and procedure.
Upcoming Events Alternative Dispute Resolution, October 2021 Upcoming events of interest.
Supreme Court Grants Certiorari on Whether Federal Courts Should Employ ‘Look Through’ Approach to Deciding Subject Matter Jurisdiction Over Petitions to Confirm or Vacate Arbitration Awards By Jay Schleppenbach Commercial Banking, Collections, and Bankruptcy, September 2021 A summary and analysis of Badgerow v. Walters.
Case Briefs Alternative Dispute Resolution, August 2021 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Collaborative Law Update By Brigitte Bell Alternative Dispute Resolution, August 2021 The Domestic Relations Division in Cook County recently adopted a collaborative calendar.
ISBA ADR Section Council Member Profile By Celeste Korando Alternative Dispute Resolution, August 2021 A spotlight on Celeste Korando, an ADR Section Council member.
Navigating the International Waters of a Commercial Dispute: What Law Will Apply to a Commercial Dispute in Arbitration? By Kristen E. Hudson & Micaela L. Glass Alternative Dispute Resolution, August 2021 This is the first installment in a series of articles exploring international arbitration policy and procedure.
Supreme Court Grants Certiorari on Whether Federal Courts Should Employ ‘Look Through’ Approach to Deciding Subject Matter Jurisdiction Over Petitions to Confirm or Vacate Arbitration Awards By Jay Schleppenbach Alternative Dispute Resolution, August 2021 A summary and analysis of Badgerow v. Walters.
Upcoming Events Alternative Dispute Resolution, August 2021 Upcoming events of interest.
Parenting Coordination: A Form of ADR for High-Conflict Situations and Families By Brigitte Schmidt Bell Alternative Dispute Resolution, March 2021 Parenting coordination, a form of alternative dispute resolution on the rise over the past 20 years, is based on child-centered mediation practices with added components to address the enduring problems of high-conflict families.
Setting the Level Family Table By Hon. James F. Radcliffe, (ret.) Alternative Dispute Resolution, March 2021 A look at the differences between mediating family law cases and civil law cases.
Using ADR in Estate Planning and Administration By David C. Thies Trusts and Estates, January 2020 A call to incorporate ADR techniques in the administration of trusts and estates.
Case Briefs Alternative Dispute Resolution, December 2019 Recent cases of interest to ADR practitioners.
Happenings Alternative Dispute Resolution, December 2019 Recent ADR events and updates from around the country.
Sixth Circuit Holds That Federal Statute Permits U.S. Discovery in Aid of International Arbitrations By Lucas Terna Alternative Dispute Resolution, December 2019 The issue of whether parties in private arbitration may seek discovery in the United States under 28 U.S.C. § 1782 is now heading in a new direction among the United States circuit courts.
Using ADR in Estate Planning and Administration By David C. Thies Alternative Dispute Resolution, December 2019 A call to incorporate ADR techniques in the administration of trusts and estates.
Case briefs By Madeline Derango, Samantha Hasiewicz, & Raine Odom Alternative Dispute Resolution, July 2019 Recent cases of interest to ADR practitioners.

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