Section Newsletters

Articles on Alternative Dispute Resolution

Environmental law column By Kel Goff Alternative Dispute Resolution, December 2018 The use of conflict resolution in finding a solution that benefits both the planet and those in distress is critical in energy and environmental law.
Happenings By Reagan Quynn & Hannah Friedle Alternative Dispute Resolution, December 2018 Recent ADR events and updates from around the country.
Restorative justice and survivors By Reagan Quynn Alternative Dispute Resolution, December 2018 Restorative justice could be an effective tool in providing closure to both survivors—and, in some cases, perpetrators—of sexual assault.
The seventh circuit allows courts to decide whether a class action claim exists in an agreement By Samatha Hasiewicz Alternative Dispute Resolution, December 2018 In Herrington v. Waterstone Mortgage Corp., the seventh circuit determined that it is up to the court to decide if a class or collective action claim is permitted by an arbitration agreement.
Technology and alternative dispute resolution By Madeline Derango Alternative Dispute Resolution, December 2018 A review of the book The New Handshake: Online Dispute Resolution and the Future of Consumer Protection and summaries of recent technology ADR cases.
United States Supreme Court oral argument review: New Prime v. Oliveira By Hannah Friedle Alternative Dispute Resolution, December 2018 A summary of New Prime Inc. v. Oliveira, which centered around the term “contracts of employment.”
The United States-Mexico-Canada Agreement By Reagan Quynn Alternative Dispute Resolution, December 2018 An overview of the United States-Mexico-Canada Agreement.
Case briefs By Hannah Friedle, Madeline Derango, Raine Odom, Samantha Hasiewicz, & Reagan Quynn Alternative Dispute Resolution, November 2018 Recent cases of interest to ADR practitioners.
Happenings By Raine Odom Alternative Dispute Resolution, November 2018 Recent ADR events and updates from around the country.
1 comment (Most recent April 11, 2019)
Inaccessibility suggests illegitimacy when it comes to arbitration agreements By Samantha Hasiewicz Alternative Dispute Resolution, November 2018 A number of the recent issues examined in the courts indicate a growing need for increased accessibility when it comes to arbitration agreements.
Social justice By Reagan Quynn Alternative Dispute Resolution, November 2018 An introduction to In the Alternative's social justice column.
The Uber conundrum: Hyperlinks, in-app agreements, and arbitration By Madeline Derango Alternative Dispute Resolution, November 2018 As Uber has learned this year, hyperlink design can be the difference between a binding and non-binding arbitration agreement.
U.S. Supreme Court agrees to hear Lamps Plus, Inc. v. Varela By Madeline Derango Alternative Dispute Resolution, November 2018 The U.S. Supreme Court agreed to hear Lamps Plus, Inc. v. Varela after the ninth circuit found that, under California law, ambiguity concerned class arbitration in a contract may be construed against the drafter.
U.S. Supreme Court grants certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. By Samantha Hasiewicz Alternative Dispute Resolution, November 2018 The U.S. Supreme Court granted certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. after the fifth circuit found that if an arbitrability claim is “wholly groundless,” there is a narrow exception that allows the courts to make the decision. 
What every Illinois estate planner should know about elder mediation (part 1) By Roselyn L. Friedman Alternative Dispute Resolution, November 2018 Mediation can be a helpful tool for managing family disputes while protecting the lawyer from unnecessary risk.
Is peer mediation appropriate as a response to bullying? By Gail Friedman Education Law, August 2018 Many schools use peer mediation and conflict resolution to address bullying problems, however, researchers have discovered that this is not a recommended course of action when bullying is involved.
Blessing or curse: Having an eclectic ADR practice By Hon. Michael S. Jordan, (ret.) Bench and Bar, July 2018 The pros and cons of affiliating your alternative dispute resolution practice with an entity that requires an exclusive relationship.
Blessing or curse: Having an eclectic ADR practice By Hon. Michael S. Jordan, (ret.) Alternative Dispute Resolution, June 2018 The pros and cons of affiliating your alternative dispute resolution practice with an entity that requires an exclusive relationship.
Case briefs Alternative Dispute Resolution, June 2018 Recent cases of interest to ADR practitioners.
Eleventh Circuit rejects waiver claim and allows motion to compel arbitration after nearly 10 years of litigation By John R. Schleppenbach Alternative Dispute Resolution, June 2018 The Eleventh Circuit recently rejected a waiver argument in Gutierrez v. Wells Fargo Bank, NA, even though the litigation had been pending for nearly 10 years before a formal motion to compel arbitration was made.
From the editor By Thomas Cavenagh Alternative Dispute Resolution, June 2018 An introduction to the issue by Thomas Cavenagh, the ADR Section's editor.
Happenings Alternative Dispute Resolution, June 2018 Recent ADR events and updates from around the country.
Is peer mediation appropriate as a response to bullying? By Gail Friedman Alternative Dispute Resolution, June 2018 Many schools use peer mediation and conflict resolution to address bullying problems, however, researchers have discovered that this is not a recommended course of action when bullying is involved.
1 comment (Most recent June 21, 2018)
Perspectives from the bench: Family law mediation 101 By Hon. Michelle A. Vescogni Alternative Dispute Resolution, June 2018 It is the responsibility of a family law practitioner to explain the mediation process to the client and prepare them for mediation prior to the initial mediation session.
1 comment (Most recent June 20, 2018)
Case briefs By Jacob Walls, Blake Mitchell, & Breanna Hornbostel Alternative Dispute Resolution, February 2018 Recent cases of interest to ADR practitioners.
Chair’s column: The future of ADR By John R. Schleppenbach Alternative Dispute Resolution, February 2018 A message from ADR Section Chair John Schleppenbach.
Collaborative Process Act takes effect in Illinois By Kaitlin Dohse Wolff Alternative Dispute Resolution, February 2018 The Collaborative Process Act, Public Act 100-205, is one of many new Illinois laws that went into effect on January 1.
Collaborative process and lawyers as “Public Citizens” By Sandra Crawford Alternative Dispute Resolution, February 2018 This article lays out why the dispute resolution model, known as Collaborative Process, helps lawyers achieve all four obligations set out in the Rules of Professional Conduct and how this in turn benefits individual clients and the legal system as a whole.
Good riddance to the CFPB’s arbitration rule, but oversight still needed By Barbara Starke Tishuk Alternative Dispute Resolution, February 2018 Rather than throw out the good with the bad, the arbitration issue should be re-examined with a fresh set of eyes. To that end, rather than a broad, fiercely anti-business arbitration regulation, a narrowly tailored approach that specifically targets those provisions in arbitration agreements that are most problematic is a better way of reining in any abuses associated with consumer pre-dispute arbitration agreements.
Happenings By Blake Mitchell Alternative Dispute Resolution, February 2018 Recent ADR events and updates from around the country.

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