Section Newsletters

Articles on Alternative Dispute Resolution

Know someone who has made a difference by providing pro bono or volunteer services? We want to hear about it! By Sandra L. Morris Alternative Dispute Resolution, February 2018 The ISBA Standing Committee on Delivery of Legal Services presents up to four awards each year recognizing the outstanding efforts of legal professionals working to provide access to justice.
Case briefs By Jacob Walls & Breanna Hornbostel Alternative Dispute Resolution, December 2017 Recent cases of interest to ADR practitioners.
Ezekiel Elliott withdraws his appeal to the 2nd Circuit Court By Jacob Walls Alternative Dispute Resolution, December 2017 On November 15, 2017, Dallas Cowboys running back Ezekiel Elliott withdrew his appeal to the 2nd Circuit Court of Appeals for a potential preliminary injunction and will now start serving his six-game suspension for domestic violence.
Happenings By Breanna Hornbostel Alternative Dispute Resolution, December 2017 Recent ADR updates from around the country.
How civil lawsuits in Cook County proceed to resolution: Mediate—Don’t litigate! By Hon. Charles R. Winkler Bench and Bar, December 2017 Help spread the word about how mediation can help clients settle their cases.
President Trump officially kills arbitration rule By Jacob Walls Alternative Dispute Resolution, December 2017 On November 1, 2017, President Trump signed a resolution that was passed through Congress to kill the Consumer Financial Protection Bureau’s Arbitration Rule.
Case briefs By Breanna Hornbostel Alternative Dispute Resolution, November 2017 Recent cases of interest to ADR practitioners.
How civil lawsuits in Cook County proceed to resolution: Mediate—Don’t litigate! By Hon. Charles R. Winkler, (Ret.) Alternative Dispute Resolution, November 2017 Help spread the word about how mediation can help clients settle their cases.
Perception in negotiation By Robert Wells Alternative Dispute Resolution, November 2017 Some suggestions to help mediators overcome perceived bias and maintain open dialogue.
Using alternative dispute resolution processes and techniques to resolve issues in administrative law hearings By Hon. Ann Breen-Greco Alternative Dispute Resolution, November 2017 If parties who appear before administrative law judges are treated with respect and listened to, the ALJ is better able to discern facts that will enable the ALJ to conduct a fair and impartial hearing, make findings of fact objectively, and render a well-reasoned opinion.
Conflict Resolution Day is October 19, 2017 Law Related Education for the Public, October 2017 Learn more about the Association for Conflict Resolution and its upcoming Conflict Resolution Day.
Learning essential steps to conflict resolution is for everyone By Sandra Crawford Bench and Bar, July 2017 What we can learn from the book, The Eight Essential Steps to Conflict Resolution by Dudley Weeks.
Case briefs By Upasna Barath, Ann Nenoff, & Hubert Zanczak Alternative Dispute Resolution, June 2017 Recent cases of interest to ADR practitioners.
Circuit court ruling is a warning against burying arbitration clauses By Ann Nenoff Alternative Dispute Resolution, June 2017 In Noble v. Samsung Electronics Am., Inc., the U.S. Third Circuit Court handed down a ruling which could serve as a warning against businesses or companies thinking about burying their arbitration clause.
The Federal Arbitration Act versus the Consumer Financial Protection Bureau: The future of arbitration clauses banning class action lawsuits By Thomas D. Cavenagh Alternative Dispute Resolution, June 2017 Perhaps, given the precipitous decline of the number of trials taking place, we ought to begin thinking of the adversarial system as the alternative to the range of ADR processes presently available.
The Federal Arbitration Act versus the Consumer Financial Protection Bureau: The future of arbitration clauses banning class action lawsuits By Thomas D. Cavenagh Federal Civil Practice, June 2017 Perhaps, given the precipitous decline of the number of trials taking place, we ought to begin thinking of the adversarial system as the alternative to the range of ADR processes presently available.
Happenings By Upasna Barath Alternative Dispute Resolution, June 2017 Recent ADR updates from around the country.
Justices criticize state law invalidating arbitration agreements signed under power of attorney By Hubert Zanczak Alternative Dispute Resolution, June 2017 The SCOTUS just released a reversal in Kindred Nursing v. Clark, slamming the Kentucky Supreme Court for an attempt to create law which improperly targets arbitration agreements.
Learning essential steps to conflict resolution is for everyone By Sandra Crawford Alternative Dispute Resolution, June 2017 What we can learn from the book, The Eight Essential Steps to Conflict Resolution by Dudley Weeks.
To arbitrate or to not arbitrate—That is the question By Hon. Fred Foreman, (Ret.) & Kathleen A. Ehrhart Bench and Bar, June 2017 If a party decides arbitration is its preferred method of dispute resolution there are also a number of things it should consider in terms of how it drafts and negotiates an arbitration provision in any contract it enters into.
U.S. Ninth Circuit rules on deceitful conduct by an arbitrator By Ann Nenoff Alternative Dispute Resolution, June 2017 In the case Move Inc., v. Citigroup Global Markets, Inc., the Ninth Circuit Court of Appeals reversed a district court’s refusal to vacate an arbitration award for improper conduct by the arbitrator.
Case briefs By Upasna Barath, Ann Nenoff, & Hubert Zanczak Alternative Dispute Resolution, April 2017 Recent cases of interest to ADR practitioners.
Happenings By Upasna Barath Alternative Dispute Resolution, April 2017 Events and updates from around the country.
NLRB general counsel issues memo following certiorari grant By Ann Nenoff Alternative Dispute Resolution, April 2017 As a result of the Court’s recent grant of certiorari, the general counsel for the National Labor Relations Board released a memorandum to the agency’s regional offices about how the pending Murphy Oil case could impact similar pending cases at the NLRB.
Supreme Court to consider legality of arbitration agreements containing class action waivers under NLRA By John R. Schleppenbach Alternative Dispute Resolution, April 2017 The United States Supreme Court appears poised to resolve a circuit split over whether workplace arbitration agreements containing class and collective action waivers are enforceable under the Federal Arbitration Act and the National Labor Relations Act, having granted certiorari in three consolidated cases in January 2017.
Navigating mandatory arbitration in Cook County’s Law Division, Commercial Calendar Section By Nicole M. Anderson Labor and Employment Law, February 2017 In Cook County, a recent change in the Law Division now sends cases originally destined for trial within the Law Division to mandatory arbitration--but not the mandatory arbitration you’re used to.
Case briefs Alternative Dispute Resolution, January 2017 Recent decisions of interest to ADR practitioners.
Civil procedure – Arbitration, lack of documentation By Ann Nenoff Alternative Dispute Resolution, January 2017 Without an adequate record to review the arbitrator’s findings and analyze his legal reasoning, the court must assume that the award conformed with the law.
Happenings By Upasna Barath Alternative Dispute Resolution, January 2017 Events and updates from around the country.
Successful mediation in complex environmental cases By Suheily Ortiz Alternative Dispute Resolution, January 2017 Environmental disputes are the most difficult and complex to resolve through mediation. Here's what you need to know.

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