International ADR happeningsBy Steve MroczkowskiAlternative Dispute Resolution, March 2007The United Nations’ highest court exonerated Serbia of direct responsibility for genocide in Bosnia in the early 1990s but ruled that Serbia failed to prevent the genocidal slaughter of Bosnian Muslims at Srebrenica.
Advancing conflict resolution in the business sectorBy Steve MroczkowskiAlternative Dispute Resolution, February 2007The following is a summary of the key points of an article taken from the Winter 2005 issue of ACRESOLUTION.
CasesBy Megan Boan & Steve MroczkowskiAlternative Dispute Resolution, February 2007Subscribers entered into cable television contracts with Comcast. Comcast mailed notices that modified the contracts to include an arbitration clause.
HappeningsAlternative Dispute Resolution, February 2007Senator Tom Harkin (D-IA) has introduced a bill that would limit the use of the mandatory arbitration clause in farm contracts under the Federal Arbitration Act, The Fair Contract for Growers Act of 2007.
International happeningsBy Steve MroczkowskiAlternative Dispute Resolution, February 2007The International Centre for Dispute Resolution, the international division of the American Arbitration Association, hosted a delegation of representatives from the Inter-American Commercial Arbitration Commission (IACAC) and members of the American Chambers of Commerce (AMCHAMs) of Latin America (AACCLA).
Mediation: A distinct professionBy Steve MroczkowskiAlternative Dispute Resolution, February 2007In 2002, the American Bar Association’s Section of Dispute Resolution adopted a policy stating that, conducted properly, mediation is not the practice of law.
A summary: Arbitrator misconduct: Liability and immunityBy Megan BoanAlternative Dispute Resolution, February 2007The common belief would be that an arbitrator who is guilty of wrongdoing during an arbitration would be liable to the party or parties, which is precisely why conflict resolution practitioners can acquire liability insurance.
Vacating an arbitration award: Giving meaning to “undue means”By Jon GilbertAlternative Dispute Resolution, February 2007Section 12(a) of the Illinois version of the Uniform Arbitration Act ( 710 ILCS 5/12) sets forth the statutory grounds for attacking and vacating an award.
ADR happeningsBy Megan BoanAlternative Dispute Resolution, November 2006ADR updates from around the country.
Arbitration preferred in domain name disputesBy Steve MroczkowskiAlternative Dispute Resolution, November 2006According to a recent article* by Sheri Qualters of The National Law Journal, Internet domain name arbitration disputes have risen nearly a quarter since January 2005.
Article and book reviewsBy Megan Boan & Whitney RobertsAlternative Dispute Resolution, November 2006Jerome T. Barret, a United States expert on interest-based methods, and John O’Dowd, a consultant to labor and management organizations in Ireland, write on the widespread adoption of cooperative strategies in negotiations, problem solving, and dispute resolution as an indicator of a country’s maturation in collective bargaining.
Case summariesBy Steve MroczkowskiAlternative Dispute Resolution, November 2006Recent cases of interest to ADR practitioners.
Chair’s ColumnBy Stephen B. CohenAlternative Dispute Resolution, November 2006A message from Section Chair Stephen B. Cohen.
International Alternative Dispute ResolutionBy Megan BoanAlternative Dispute Resolution, November 2006“Bill 27” puts an end to mandating binding arbitration clauses in domestic contracts (Canada) The bill, which amends the Family Law Act, is supposed to address the unequal bargaining power existing in the arbitration of family law disputes in Canada.
A region ripe for mediation: The genocide in DarfurBy Whitney RobertsAlternative Dispute Resolution, November 2006Since early 2003 an international crisis has been perpetuating inside the Darfur region of Sudan.
ADR happeningsBy Megan BoanAlternative Dispute Resolution, September 2006After winning approval from the Securities and Exchange Commission, the New York Stock Exchange is moving to exclude a wider range of neutrals from acting on behalf of the public arbitrators in securities disputes.
Arbitration: Why some general counsel have mixed feelingsBy Steve MroczkowskiAlternative Dispute Resolution, September 2006In a recent article appearing on law.com entitled “Arbitration’s Fall from Grace,” Lou Whiteman commented on the waning popularity of arbitration in the eyes of some corporate counsel in the United States.
Case summariesBy Megan BoanAlternative Dispute Resolution, September 2006Morgan Stanley instituted arbitration proceedings against Laws to recover alleged deficit of $689,115 in Laws’ margin account.
International alternative dispute resolutionBy Steve MroczkowskiAlternative Dispute Resolution, September 2006Organizations such as the American Arbitration Association and the International Centre for Dispute Resolution (the international division of the AAA) have already taken action to promote Alternative Dispute Resolution internationally.
Case summariesAlternative Dispute Resolution, June 2006Recent cases of interest to ADR practitioners.
HappeningsBy Kristi Hornickel, Megan Kawa, & Samia ZayedAlternative Dispute Resolution, June 2006After ruling on a case in which an arbitrator decided to dismiss a case after inferring a one-year statute of limitation from an expired contract, the Fourth Circuit Court of Appeals clarified the conditions under which an arbitrator's decision can be vacated for manifest disregard of the law.
Inadequate disclosure by arbitrator results in award being vacatedBy Robert E. Wells, Jr.Alternative Dispute Resolution, June 2006The 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.
Rethinking divorce through collaborative practiceBy Samia ZayedAlternative Dispute Resolution, June 2006By now it is no surprise to most people that 50 percent of all marriages in the United States end in divorce.
Case summariesBy Kristi Hornickel, Megan Kawa, & Samia ZayedAlternative Dispute Resolution, April 2006Traveler's Casualty and Surety Co. (Insurer) and ACandS (Insuree) entered into a coverage agreement which included an arbitration clause.
Change in Small Claims limits affects arbitrationBy Hon. Michael S. JordanBench and Bar, April 2006As most of you are aware, the Illinois Supreme Court recently raised the dollar amount of Small Claims from $5,000 to $10,000 effective the beginning of 2006.
HappeningsBy Kristi Hornickel, Megan Kawa, & Samia ZayedAlternative Dispute Resolution, April 2006Consumer arbitration policy has been a hotly contested issue and the New Jersey Supreme Court took center stage in the debate when it heard arguments from two cases in February.