Celebrity’s 15-month litigation cruise sinks arbitrationBy Rachel C. LoftspringAlternative Dispute Resolution, May 2009The recent case of Skordilis v. Celebrity Cruise serves as a reminder that parties risk forfeiting their rights to arbitrate if they proceed too far down the path of litigation.
Fifth Circuit rules manifest disregard no longer grounds to vacateBy Jillian RuggieroAlternative Dispute Resolution, May 2009In light of last year’s ruling in the Hall Street case, the grounds listed in the FAA are the exclusive grounds to set aside an arbitration award and manifest disregard of the law as grounds for vacating an award “must be abandoned and rejected.”
Functus Officio: Arbitration and reconsiderationBy Jon GilbertAlternative Dispute Resolution, May 2009F.R.C.P. 59 and Illinois Code Section 2-1203 are two vehicles by which a judgment may be revisited at the trial level and practitioners are used to relying on these provisions when legal errors present themselves.
HappeningsBy Alyssa VincentAlternative Dispute Resolution, May 2009ADR news updates.
Mediation and Domestic Violence: A practical guide for mediators and attorneysBy E. Nicole CarrionWomen and the Law, May 2009While most judges and attorneys agree that mediation is generally a good thing for most custody and visitation cases, there may be certain cases, such as cases that involve domestic violence, that may require special considerations during mediation or perhaps a waiver of mediation altogether.
Eleventh Judicial Circuit Court-Annexed Small Claims Mediation ProgramBy Deborah F. HaasBench and Bar, April 2009In 2008, the Circuit Court of McLean County developed a Small Claims Mediation Program. The program is designed to assist pro se litigants in an effort to resolve their small claims disputes.
Preparing clients for mediationBy Kathleen M. KraftFamily Law, April 2009Consider the following steps when preparing your client for mediation.
The Arbitration Fairness Act threatens consumer interestsBy Colin McGowanAlternative Dispute Resolution, March 2009The Arbitration Fairness Act of 2007 would greatly reduce the consumers’ ability to pursue damages in the future.
Case summariesBy Julia Kucan, Jillian Ruggiero, & Alyssa VincentAlternative Dispute Resolution, March 2009Recent cases of interest to ADR practitioners.
Court rules independent fees separable, must be arbitratedBy Alyssa VincentAlternative Dispute Resolution, March 2009A California appeals court recently clarified the law on resolving disputes over independent counsel fees, ruling that the legislature clearly intended that arbitration serve as the sole forum for resolving these disputes to the exclusion of courts regardless of the presence of other claims in the case.
HappeningsBy Julia KucanAlternative Dispute Resolution, March 2009ADR news updates.
New Hampshire Justices rule ADR fees unconstitutionalBy Alyssa VincentAlternative Dispute Resolution, March 2009In a December 31st opinion for Nancy Lamarche v. Stephanie McCarthy, the New Hampshire Supreme Court held that a $50 filing fee imposed on litigants who are referred to court-ordered alternative dispute resolution is constitutional, since the fee is a reasonable revenue-raising measure and does not deprive litigants of access to court.
California Justices urged to limit vacatur based on disclosure failureBy Jillian RuggieroAlternative Dispute Resolution, December 2008Arbitrators face the possibility of disqualification due to their failure to disclose pertinent facts that are necessary to an arbitrator’s role as a neutral, third party.
Case summariesBy Julia Kucan, Jillian Ruggiero, & Alyssa VincentAlternative Dispute Resolution, December 2008Recent cases of interest to ADR practitioners.
Don’t try to settle that caseBy Jon GilbertAlternative Dispute Resolution, December 2008Lawyers engaged in discussions and exchanging correspondence in furtherance of settling a commercial dispute usually assume that they operate within the refuge of Federal Rule of Evidence 408 if something is written or said that shouldn’t have been:
Evaluating the ethics of ADR programsBy Kurt KamrathFamily Law, December 2008The practice of alternative dispute resolution (ADR) is rife with ethical dilemmas. It does not take much time in the field before a practitioner will find a conflict between two central aspects of ADR.
HappeningsBy Alyssa VincentAlternative Dispute Resolution, December 2008Recent updates of interest to ADR practitioners.
SEC approves revised FINRA rule on post-arbitration submissionsBy Julia KucanAlternative Dispute Resolution, December 2008Under a new rule approved by the Securities and Exchange Commission (SEC), parties can submit additional information or documents after arbitration is closed under strict circumstances.
Case summariesBy Julia Kucan, Jillian Ruggiero, & Alyssa VincentAlternative Dispute Resolution, October 2008In Washington, the Supreme Court recently ruled four provisions in the AT&T customer service agreement were unconscionable provisions that permeated the arbitration agreement, that the entire arbitration agreement was unenforceable and needed to be severed from the original agreement.
HappeningsBy Jillian RuggieroAlternative Dispute Resolution, October 2008Recent updates of interest to ADR practitioners.
Support mediators Who are candidates for political officeAlternative Dispute Resolution, October 2008The EMPO Project is concerned about excessive partisanship and polarization in politics and government and was established to support the election of mediators and others who publicly advocate interest-based dispute resolution on their campaign Web sites.
U.S. Supreme Court holds parties may not contract for expanded judicial review of arbitration awardsBy Lawrence S. SchanerAlternative Dispute Resolution, October 2008In a much-anticipated decision, the U.S. Supreme Court held, on March 25, that parties may not by contract agree to expand the grounds for judicial review of arbitration awards beyond the limited grounds set forth in Sections 10 and 11 of the Federal Arbitration Act (“FAA”).
Arbitration reform pending in the House and SenateBy Kurt KamrathAlternative Dispute Resolution, June 2008A recent study by Michael LeRoy, a labor and employment law scholar at the University of Illinois College of Law, has shown a great hostility from state courts towards arbitration awards in favor of employees.
Case summariesBy Ashley Crettol & Kurt KamrathAlternative Dispute Resolution, June 2008The First Circuit found that under a partnership agreement that includes an arbitration clause, a corporation cannot avoid arbitration by naming as defendants two non-signatories to the agreement.
Evaluating the ethics of ADR programsBy Kurt KamrathAlternative Dispute Resolution, June 2008The practice of alternative dispute resolution (ADR) is rife with ethical dilemmas. It does not take much time in the field before a practitioner will find a conflict between two central aspects of ADR.