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.
Case law updateBy Christine O’ReillyAlternative Dispute Resolution, October 2000Pinnacle Medical, Inc. provided medical treatment to Jacques Raymond for injuries suffered in an automobile accident.
ADR happeningsAlternative Dispute Resolution, March 2000The 11th Judicial Circuit's Mandatory Arbitration program had its third anniversary on July 1st, 1999.
Mediation stylesBy Suzanne SchmitzAlternative Dispute Resolution, March 2000Lawyer-mediators in Virginia are now required to consult with disputants about the style of mediation the mediator uses and to record in a written agreement the parties' choices, including whether they wish to have the mediator use evaluative techniques.1
ADR happeningsAlternative Dispute Resolution, February 2000Following a move by the New York City Bar Association's ADR Committee, the American Bar Association has adopted a resolution supporting the use of mediators from all backgrounds, including non-legal backgrounds
ADR happeningsAlternative Dispute Resolution, November 1999The Dispute Resolution Center at North Central College and the Naperville Area Chamber of Commerce have announced a unique member mediation program.
Illinois statutes create mediation programs but fail to define qualificationsBy Suzanne Schmitz & Peggy L. ReimanAlternative Dispute Resolution, November 1999Numerous Illinois statutes refer to mediation, but seldom define mediation. Although not defined, the type of mediation described by the statute often conflicts with the contemporary understanding of mediation.
Three year index 1996-1999By Kalli FinkAlternative Dispute Resolution, June 1999ABA Resolution 112 Passes" Vol. 4, No. 3
Is there a duty to advise clients about ADR?By Prof. Suzanne SchmitzAlternative Dispute Resolution, April 1999All attorneys licensed in this state when practicing in this state are encouraged to advise their clients about the dispute resolution process options available to them and to assist them in the selection of the technique or procedure, including litigation, deemed appropriate for dealing with the client's dispute, case, or controversy.
Summary of consumer due process protocolBy John N. CannonAlternative Dispute Resolution, January 1999In recent years businesses have increasingly used standardized contracts to require ADR to resolve consumer disputes.
