News and eventsBy Kristi Hornickel, Megan Kawa, & Samia ZayedAlternative Dispute Resolution, April 2006MTI is coordinating an effort to elect mediators to public office in the United States and other democracies.
Restorative justice around the worldBy Kim BroylesAlternative Dispute Resolution, April 2006A shift in views about crime has been seen around the world. As the view of crime has shifted back to being viewed as a violation against a person as apposed to against the state there has been a worldwide criminal justice reform (Van Ness, 1996, 2005).
Alternative dispute resolutionBy Margery NewmanReal Estate Law, March 2006Alternative dispute resolution, also referred to as “ADR,” is a way to settle disputes outside of the courthouse. ADR encompasses several types of processes, including arbitration,mediation, conciliation, mini-trial and other types of non-litigation dispute resolution.
Alternative dispute resolution in the 17th Judicial CircuitBy Hon. Harris H. AgnewAlternative Dispute Resolution, March 2006The 17th Circuit, in collaboration with the Winnebago and Boone County Bar Associations, has been a leader in the development of alternative dispute resolution programs.
Case summariesBy Kristi Hornickel & Samia ZayedAlternative Dispute Resolution, March 2006Recent cases of interest to ADR practitioners.
HappeningsBy Kristi Hornickel & Tracie HuntAlternative Dispute Resolution, March 2006The Florida Supreme Court plans to a debate a proposal that, if implemented, would better inform mediation participants about their obligations and the process itself.
Mediation can constitute social workBy Megan KawaAlternative Dispute Resolution, March 2006As a licensed clinical social worker through 1998, Jerry Penny continued to practice even though his license expired.
Standards & certification sectionBy Megan Kawa & Samia ZayedAlternative Dispute Resolution, March 2006Electronic mail has been ruled as an acceptable means for initiating arbitration by England's Commercial Court.
ADR happeningsBy Megan Kawa & Samia ZayedAlternative Dispute Resolution, February 2006In December, Congressman Charlie Norwood (R-GA) introduced the bill H.R. 4503, supported by Lincoln Davis (D-TN) and Sam Graves (R-MO).
Case summariesBy Megan Kawa & Samia ZayedAlternative Dispute Resolution, February 2006The Universal Service Fund filed a complaint at the district level alleging that defendants Sprint and AT&T collaborated with Worldcom in violation of the FCA and the Sherman Act.
A dispute resolution balancing actBy Stephanie CadyAlternative Dispute Resolution, February 2006As the field of mediation grows, the benefits of this method of alternative dispute resolution have become significant to the legal world.
FMCS study found mediation saved $9 billion for economyBy Megan KawaAlternative Dispute Resolution, February 2006A study was released in November by the Federal Mediation and Conciliation Service claiming that $9 billion has been saved for business and workers between 1999 and 2004 by the use of mediation in labor negotiations and work stoppages.
Message from the ChairBy Hon. Michael S. JordanAlternative Dispute Resolution, February 2006I am happy to say that the November 18, 2005 CLE program on mediation skills held in Springfield at the Abraham Lincoln Presidential Library was a success.
Ombudsmen: Part IIIBy Kristi HornickelAlternative Dispute Resolution, February 2006In the previous two issues of In the Alternative, the role of the ombudsmen has been introduced and the privilege of confidentiality with respect to an ombudsmen has been discussed.
ADR happeningsBy Kristi HornickelAlternative Dispute Resolution, December 2005High-ranking Utah senator, Orrin Hatch, intends to propose a bill that would establish a federal property rights ombudsperson with the authority to order arbitration or mediation of government cases involving real estate disputes.
Case summariesBy Kristi HornickelAlternative Dispute Resolution, December 2005Recent cases of interest.
Ombudsmen: Part IIBy Kristi HornickelAlternative Dispute Resolution, December 2005The first article in this series established that the purpose of an Ombudsman is to provide individuals with a neutral, unbiased, and confidential resource through which they can voice their concerns without the fear of retribution.
Traditional ceremonies prove effective in tribal courtBy Gil HalstedAlternative Dispute Resolution, December 2005Wisconsin Indian tribes are reaching centuries back into their history to find a new way of settling disputes.
Who determines an arbitration agreement’s conscionability?By Samia ZayedAlternative Dispute Resolution, December 2005The question of whether or not arbitrators should decide when arbitration agreements are unconscionable is being tackled by an eleven judge en banc panel of the 9th Circuit in California.
ADR happeningsBy Kristi HornickelAlternative Dispute Resolution, October 2005Wells Fargo announced late in August that it will discontinue its use of mandatory arbitration clauses in real estate loans.
Arbitration fees—Who pays?By John GilbertAlternative Dispute Resolution, October 2005One effective way to deal with the escalating cost of dispute resolution is to simply not pay the fees and costs involved.
Case summariesBy Kristi HornickelAlternative Dispute Resolution, October 2005The Insured, Office Environment, Inc. filed a claim against the Insurer, Lake States Insurance, alleging failure to pay a claim.
Florida: Pressure by Mediator can justify setting aside a settlementBy Samia ZayedAlternative Dispute Resolution, October 2005A case brought to Florida's 4th district court of appeals should serve as a reminder to mediators that pressuring or coercing parties to settle is improper and settlements made under these conditions can be set aside.
Ombudsmen: Part 1By Kristi HornickelAlternative Dispute Resolution, October 2005After a rousing speech in Southern Illinois earlier this year by President Bush, most Americans were ready to jump on the Alternative Dispute Resolution bandwagon, on their way to less-crowded dockets and tort reform for all.
Mediation of financial issues in divorceBy Don C. HammerFamily Law, July 2005The Illinois Supreme Court, on January 26, 2005, approved a program in the Eleventh Circuit for the mediation of financial and property issues in divorce cases (both pre-decree and post-decree) and family (paternity) cases.
ADR happeningsBy Michael O’BrienAlternative Dispute Resolution, June 2005Coming up in early December is a Joint ADR Conference entitled, "Coming Together for Peace."
Are mediation and neutral evaluation effective in civil cases?By Brendan D. BukalskiAlternative Dispute Resolution, June 2005How effective are mediation and neutral evaluation? Both mediation and neutral evaluation involve a neutral third party, who has no power over the parties; mediation, a process that helps facilitate communication between the parties, and neutral evaluation, a process in which the third party evaluates the strengths and weaknesses of the parties' cases, take place in court-connected programs.