Case law updateBy Kenton SkarinAlternative Dispute Resolution, December 2003The trial court erred when it concluded that the defendant had waived its right to enforce arbitration clause in sub-franchise agreement.
ADR happeningsBy Kenton Skarin & Sarah JobstAlternative Dispute Resolution, October 2003The United States Institute of Peace has published a new report entitled "Healing the Holy Land," suggesting ways in which leaders in the Holy Land must address the religious aspects of Middle Eastern conflict in their peacemaking strategy.
Case law updateBy Kristen Weber & Katie RuderAlternative Dispute Resolution, October 2003Menard Co. Housing Authority v. Johnco Construction, Incorporated 4th District Appellate Court of Illinois, No. 4-03-0237.
The constitutionality of court-annexed mediationBy Matthew KingAlternative Dispute Resolution, October 2003Mediation has been gaining momentum in recent years. At the same time, court dockets are becoming even more congested as more and more lawsuits are being filed.
Debarred from right to reject arbitration awardBy Hon. Michael S. JordanBench and Bar, August 2003This subrogation action involving damages sustained in a vehicle collision by plaintiff's insured was referred to mandatory arbitration in Cook County.
ADR happeningsBy Sarah JobstAlternative Dispute Resolution, May 2003On January 1, 2003, the Illinois Commerce commission adopted new rules relating to the administration and implementation of its mediation program solving the disputes of telephone customers in title 83 Ill Adm Code 734.
Case law updateBy Katie RuderAlternative Dispute Resolution, May 2003The 3rd U.S. Circuit Court of Appeals ruled unanimously that because federal judges have the power to sever provisions of an arbitration agreement that violate federal law before sending the case to arbitration, an otherwise unenforceable agreement containing such provisions is enforceable.
Four-year index 1999-2003By Donald AbernathyAlternative Dispute Resolution, May 2003ABA Section of Dispute Resolution" Vol. 8, No. 5.
Arbitration of disputes before The New York Stock ExchangeBy James F. DunnebackGeneral Practice, Solo, and Small Firm, April 2003Many of the national securities markets provide a mechanism for resolution of customer and employer/ employee disputes.
Case law updateBy Katie RuderAlternative Dispute Resolution, April 2003The appellate court ruled that the trial court was not abusive in its judgment when it excluded the plaintiff, Subrogation Company Government Employees, from declining a mandatory arbitration award of $0.
HappeningsAlternative Dispute Resolution, April 2003The Center for Analysis of ADR Systems (CAADRS) has just posted to its Web site (www.caadrs.org) a bibliography of more than 60 studies of court mediation programs.
Pending Illinois ADR legislationAlternative Dispute Resolution, April 2003The following summaries describe bills recently introduced in the Illinois Legislature.
An update on mandatory arbitration in Cook CountyBy Hon. Jacqueline P. CoxBench and Bar, March 2003The Mandatory Arbitration Program in all six of Cook County's Municipal districts is an alternative dispute resolution process for civil suits seeking monetary damages of $30,000 or less.
ADR happeningsBy Sarah JobstAlternative Dispute Resolution, February 2003The Senate Government Affairs Committee approved Senate Bill 1651, which creates the U.S. Consensus Council, an independent and nonprofit entity modeled after the United States Institute of Peace
Arbitration of disputes before The New York Stock ExchangeBy James F. DunnebackBusiness Advice and Financial Planning, February 2003Many of the national securities markets provide a mechanism for resolution of customer and employer/ employee disputes
Book reviewBy Bryan L. ShellAlternative Dispute Resolution, February 2003Becoming a Mediator is written to help one begin a career in mediation. Lovenheim's introduction explains the various misconceptions surrounding the field of mediation.
Case law updateBy Katie RuderAlternative Dispute Resolution, February 2003HMO Patients and physicians sued the HMOs, complaining that the companies violated the Racketeer Influenced and Corrupt Organizations Act (RICO), the Employee Retirement Income Security Act (ERICSA), and several other laws at the state and federal level.
Upcoming eventsAlternative Dispute Resolution, February 2003Section of Dispute Resolution meetings during ABA Mid-Year Meeting
Mediation of civil cases in the U.S. Court of Appeals for the Seventh CircuitBy Joel N. ShapiroFederal Civil Practice, January 2003If you practice in the federal courts of the Seventh Circuit, you probably know that the Court of Appeals requires litigants in many civil appeals to participate in court-sponsored mediation.
ADR update:By Sarah JobstAlternative Dispute Resolution, December 2002The Supreme Court will decide if the court or the arbitrator should decide whether a claim is arbitrable in a securities case with potential implications beyond that industry.
A brief guide to online negotiation: The processes (Part 2 of 3)By Thomas D. CavenaghAlternative Dispute Resolution, December 2002Cybersettle (www.cybersettle.com) first offered its approach to online dispute resolution in 1998, and has since then been named the "official and exclusive online settlement tool" of the Association of Trial Lawyers of America.
Case law updateBy Katie RuderAlternative Dispute Resolution, December 2002The Appeals court upheld the district court's ruling in confirming an award for the defendant in a rental lease arbitration hearing.
Enforcing consumers’ and employees’ legal rights through arbitrationBy Keith MaurerAlternative Dispute Resolution, December 2002The American Bar Association reports that 100 million Americans are effectively barred from seeking justice by the high cost of lawyers and the lawsuit system.
ISBA sets ADR program for Midyear meetingLabor and Employment Law, December 2002The CLE Committee of the ISBA has approved a fantastic program on mediation sponsored jointly by the Alternative Dispute Resolution Section Council, the Bench-Bar Section Council, the Civil Practice Section Council, and the Family Law Section Council set for Thursday, December 12, 2002 from 2 p.m. to 5 p.m. at the Chicago Sheridan Hotel during the midyear meeting.
ADR update:Alternative Dispute Resolution, November 2002On September 12, federal district court judges in South Florida voted to study whether or not to adopt new rules regarding public knowledge and civil litigation, including the possibility of banning secret settlements in lawsuits.
A brief guide to online negotiation: Introduction (Part 1 of 3)By Thomas D. CavenaghAlternative Dispute Resolution, November 2002Negotiation is simply the process of refining and agreeing to the issues requiring resolution, establishing a range of compromise options from which to choose and selecting the appropriate options for settlement.
The wrong way to implement ADRBy Robert E. WellsAlternative Dispute Resolution, November 2002AT&T found out that there are limits to the manner in which a company may implement a Mandatory Arbitration Provision.
Print resourcesAlternative Dispute Resolution, April 2001Commercial Arbitration At Its Best; Successful Strategies for Business Users.
ADR happeningsBy Suzanne SchmitzAlternative Dispute Resolution, October 2000A handbook for lawyers with practice checklists, published by the American Law Institute and the American Bar Association, has incorporated ADR into its materials.