AI and Law: An Opportunity to Improve Legal PracticeBy Damien RiehlAlternative Dispute Resolution, February 2025Recent exponential leaps in advanced large language models have presented both opportunities and challenges that have the capacity to reshape the legal landscape.
Case BriefsBy ADR Section CouncilAlternative Dispute Resolution, February 2025Summaries of written decisions issued in five cases of interest to ADR practitioners.
The Law: A Proverbial Hammer or Shield in Collaborative Practice?By Sandra Crawford, J.D.Alternative Dispute Resolution, February 2025The Collaborative Process aims to help clients find customized solutions that meet their self-identified needs while understanding the legal framework. In collaborative law, transparency is crucial in fostering effective conflict resolution. It involves openly sharing information, including legal perspectives and potential outcomes, with all participants.
Case BriefsBy ADR Section CouncilAlternative Dispute Resolution, January 2025Summaries of written decisions issued in nine cases of interest to ADR practitioners.
CFPB Permanently Bans Company from Arbitrating Consumer Financial DisputesBy Jay R. SchleppenbachAlternative Dispute Resolution, January 2025The federal government exercises oversight over arbitration, for instance through legislation exempting certain classes of disputes from arbitrationor delegating to agencies the power to regulate arbitration clauses in certain types of contracts. In October 2024, a more obvious form of oversight came to public view when the Consumer Financial Protection Bureau entered a consent order permanently banning Ejudicate, Inc. from arbitrating consumer financial disputes.
Development of the Restorative Justice Movement in Northern IrelandBy Judge Ann Breen-GrecoAlternative Dispute Resolution, January 2025Restorative justice as a concept dates back centuries, emphasizing accountability, reparations, and community engagement over punishment. It focuses on repairing harm caused by crime through dialogue and understanding among affected parties. In Northern Ireland, the adoption of restorative practices was shaped significantly by the aftermath of “The Troubles.” Communities felt that traditional punitive approaches, especially those implemented by the British-controlled judicial system, often exacerbated mistrust and division rather than healing.
What Is the Remote Practice of Law?By Stephen B. CohenAlternative Dispute Resolution, January 2025In this article, the author emphasizes and describes how a major event affecting all aspects of society has changed many traditional aspects of the practice of law.
Case BriefsBy ADR Section CouncilAlternative Dispute Resolution, November 2024Summaries of written decisions issued in nine cases of interest to ADR practitioners.
Jordan Chiles Olympics Controversy Highlights Arbitral IssuesBy Jay R. SchleppenbachAlternative Dispute Resolution, November 2024On August 10, 2024, United States Olympic gymnast Jordan Chiles made headlines when the Court of Arbitration for Sport (CAS) overturned her bronze-medal finish in the gymnastics floor exercise finals of the Paris Olympics and instead held that bronze should be awarded to a Romanian gymnast. Chiles has appealed the CAS’s decision to the Swiss Supreme Court. Whatever the merits of that appeal may be, the controversy has brought arbitration issues into the limelight in an interesting way.
New Federal Reporting Requirement for Your Law Firm This YearBy Annette FernholzAlternative Dispute Resolution, November 2024A new rule under the Corporate Transparency Act now requires many businesses in the United States, including small law firms, to report information about who ultimately owns or controls them to the Financial Crimes Enforcement Network.
Capping Arbitration: India’s Contentious Policy ShiftBy Menaka SawhneyAlternative Dispute Resolution, September 2024A critical examination of India’s recently released office memorandum, “Guidelines for Arbitration and Mediation in Contracts of Domestic Public Procurement.”
Case BriefsAlternative Dispute Resolution, September 2024Summaries of written decisions issued in seven cases of interest to ADR practitioners.
If Tomorrow Never Comes …. (A message to my judicial colleagues)By Hon. April TroemperBench and Bar, September 2024LIFE IS A GIFT. Each of us was born in this moment in time … not a hundred years ago, but now. Who we encounter, what we do, where we go, what we say, how we treat others professionally and personally … it all matters.
A Tale of Two LicensesBy Michael G. CortinaBench and Bar, September 2024“No person shall be eligible to be a Judge or Associate Judge unless he is a United States citizen, a licensed attorney-at-law of [Illinois], and a resident of the unit which selects him.”
Upcoming EventsAlternative Dispute Resolution, September 2024Mark your calendars for an upcoming video replay of a Master Series CLE event presented by the ISBA.
What Is the Judicial Performance Evaluation Program?: Insights from a FacilitatorBy Mitchell L. HoffmanBench and Bar, September 2024Judges, just like the attorneys who practice in their courtrooms, benefit greatly from feedback on how well they’re performing in their jobs. While attorneys typically work closely
with their peers, and likely undergo regular performance reviews in their law firms, this process is more difficult for judges.
Case BriefsAlternative Dispute Resolution, July 2024Summaries of recent cases of interest to alternative dispute resolution practitioners.
States Split on Arbitrability of Wrongful Death ClaimsBy Jay SchleppenbachAlternative Dispute Resolution, July 2024Arbitration practitioners need to be aware that the arbitrability of wrongful death claims is a disputed issue.
Case BriefsAlternative Dispute Resolution, April 2024Summaries of recent cases of interest to alternative dispute resolution practitioners.
Adjudication vs. ADR in Family Law, in Search of Deeper Dialogue and UnderstandingBy Sandra Crawford, J.D.Alternative Dispute Resolution, February 2024The model of conflict resolution a client uses to address their legal disputes can have a profound impact on things like how long they will be in process and how sustainable their outcomes will be.
Artificial Intelligence and ADRBy Judge Ann Breen-GrecoAlternative Dispute Resolution, February 2024A brief overview of how artificial intelligence can assist in mediations.
Case BriefsAlternative Dispute Resolution, February 2024Summaries of recent cases of interest to alternative dispute resolution practitioners.
