Case summariesBy Tracie HuntAlternative Dispute Resolution, June 2005Howard Colman owns Cronus Investments. Colman transferred Dew-All Services, Inc., a home-management business, to Concierge Services, LLC to which Colman has a 20 percent interest. Westrec Marina Management, Inc., owns the remaining of Concierge.
Mediation of financial issues in divorceBy Don C. HammerAlternative Dispute Resolution, June 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 Jennifer MorrisAlternative Dispute Resolution, May 2005In 2001, the National Conference of Commissioners on State Laws (NCCUSL) drafted the Uniform Mediation Act (UMA), which, if adopted in each state, would bring much-needed uniformity to mediation.
Case summariesBy Stanley N. WasserAlternative Dispute Resolution, May 2005Recent cases of interest to ADR practitioners.
Mediator certification: Good or bad?By Kylie PolsonAlternative Dispute Resolution, May 2005Mediators facilitate conversations between parties and help them generate resolutions in numerous situations, but how do parties know if the mediator will be effective?
Orders to mediate are not appealableBy Deborah S. BussertAlternative Dispute Resolution, May 2005In a short and concise opinion, Short Brothers Construction, Inc. v. Korte & Luitjohan Contractors, Inc., et al., No. 02-L-61 (Fifth District April 12, 2005), the Illinois Appellate Court for the Fifth District recently held that a mediation order entered by a circuit court judge is not appealable under Supreme Court Rule 307.
ADR happeningsBy Michael O’BrienAlternative Dispute Resolution, April 2005On February 25, 2005, the Illinois Senate passed on a new bill concerning the status of an Arbitrator in civil litigation.
Case summariesBy Fallon OppermanAlternative Dispute Resolution, April 2005In August of 2002, Neal Anderson was injured in a traffic accident involving David Pineda. Anderson filed a complaint against Pineda to recover for the injuries suffered in the accident. Anderson also claimed that Pineda's negligence caused the accident.
Local programs updateBy Harris H. AgnewAlternative Dispute Resolution, April 2005All too often in recent times, disputants approach their disagreements on a scorched-earth basis. A take-no-prisoners, in-your-face attitude exists in many instances.
Special education mediation in IllinoisBy Denise GibsonAlternative Dispute Resolution, April 2005In 1997, Congress added a requirement that state education agencies must make mediation available whenever a request for a due process hearing has been filed when it reauthorized the Individuals with Disabilities Education Act. In Illinois, the State Board of Education provides this mediation service upon request and agreement of the parties.
Case summariesBy Michael O’BrienAlternative Dispute Resolution, February 2005In the process of building a dormitory on the campus of the University of Wisconsin Milwaukee's campus, a dispute arose between J.H. Finderoff & Sons (Finderoff) and their union workers over the proper use of Bobcat machinery.
Is there third-party discovery in arbitration?By John GilbertAlternative Dispute Resolution, February 2005The subject of discovery has received a lot of attention in the past few years because of the expense involved.
Practitioner resourcesBy Michael O’BrienAlternative Dispute Resolution, February 2005In the third edition of the Alternative Dispute Resolution Handbook from the ADR Section Council of Texas, we are given a comprehensive look at all aspects of ADR from several different authors.
Case summariesBy Michael O’BrienAlternative Dispute Resolution, December 2004Eric Jensen (Jensen) entered into a franchise agreement with Quik International (Quik) on July 3, 2002. T
Enforceable settlement or unenforceable penalty?By Champ W. Davis, Jr.Alternative Dispute Resolution, December 2004The rule that a liquidated damage provision is unenforceable if it is a "penalty" has been applied to settlement agreements in which one party has granted a "discount" to the other if the terms of the settlement are met in a timely fashion.
What do attorneys think of mediation?By Thomas D. CavenaghAlternative Dispute Resolution, December 2004Mediation has become an attractive option for resolving legal conflicts of a wide variety. Anecdotal evidence suggests continuing growth in the use of the process by attorneys, but empirical evidence supporting the supposition has not been developed widely.
ADR in law schools: The times, they are a’ changingBy Paula M. YoungWomen and the Law, October 2004When I think about the role ADR plays in legal education, in law practice, and in our broader communities, I think of the following quote: "Our civilization is like a bird with one wing, flying round and round in circles. The other wing is the Feminine. Without it, we cannot go anywhere."
ADR happeningsAlternative Dispute Resolution, May 2004Mediator Applications and Self Certification of Qualifications forms for the Major Case Civil Mediation Program, Law Division, Circuit Court of Cook County can be obtained by calling Raimonda Ferenzi, secretary to Judge Allen S. Goldberg, at 312-603-6078 and she will mail the forms to your office.
Case law updateBy Kristen WeberAlternative Dispute Resolution, May 2004John Joyner, as guardian for his incapacitated mother, filed a claim with the National Association of Securities Dealers, Inc. (NASD) against Raymond James Financial Services, Inc. (James) for breach of fiduciary duty. NASD arbitration ensued.
Court annexed mediation in Cook CountyBy Michael S. JordanBench and Bar, May 2004Mediation is a process whereby the parties are empowered by principled negotiation aided by the involvement of an impartial and non-decisional neutral who enhances communication and encourages collaborative problem solving that results in a voluntary settlement with improved relationships.
De novo review of underinsurance arbitration awardsBy Michael J. MarovichCivil Practice and Procedure, May 2004Victims of automobile accidents often face defendants who lack the resources or the insurance coverage to pay a fully compensatory award of damages.
ADR happeningsBy Kenton SkarinAlternative Dispute Resolution, March 2004On February 9, the American Bar Association's House of Delegates approved a new code of ethics for arbitrators in commercial disputes that provides a presumption of neutrality for all arbitrators, including party-appointed ones.
The biggest mistakes attorneys make in arbitration/mediationAlternative Dispute Resolution, March 2004Editor's Note: The Chairperson of the Alternative Dispute Resolution Section Council of the ISBA invited section council members to provide information concerning what they think are the "Biggest Mistakes Attorneys Make in Arbitration and Mediation."
Case law updateBy Kristen WeberAlternative Dispute Resolution, March 2004Trial court did not abuse its discretion when it barred defendant from rejecting award of arbitrators based on failure to participate in arbitration proceedings in good faith, without conducting evidentiary hearing, when defense counsel argued about ruling on admission of SCR 90(c) package, refused to go forward with hearing, and later left hearing room after arbitrators left room to consult with circuit court judge.
ADR happeningsBy Kristen WeberAlternative Dispute Resolution, December 2003NASD is looking to recruit arbitrators to hear disputes and render decisions involving customer complaints, or employment issues concerning NASD members.
Arbitration: It’s here to stayBy Douglas A. DarchHuman and Civil Rights, December 2003The cost of access to the courts has long been an issue for the practicing bar, as well as advocates for the poor.