Case briefsBy Jerremy WikerAlternative Dispute Resolution, July 2014Recent cases of interest to ADR practitioners.
HappeningsBy Tom Finnegan & Brandon SarkauskasAlternative Dispute Resolution, July 2014Mediation updates from around the country.
Illinois appellate court holds arbitration agreement unconscionableBy John R. SchleppenbachAlternative Dispute Resolution, July 2014It is notable that the Illinois Appellate Court in Potiyevskiy v. TM Transportation, Incorporated recently affirmed a trial court’s denial of a motion to compel arbitration based on the unconscionability of the arbitration clause.
Potential role of a mediator in succession planningBy Robert E. Wells, Jr.Alternative Dispute Resolution, July 2014A fictional encounter between a mediator and an attorney seeking to mediate a family succession plan.
Foreclosure mediation has expanded to many parts of IllinoisBy Hon. Michael S. JordanBench and Bar, June 2014Even though foreclosure filings have declined over the past year or so, there remain nearly 50,000 pending residential and non-residential foreclosures pending in Cook County alone.
Case briefsBy Brandon Sarkauskas & Jerremy WikerAlternative Dispute Resolution, May 2014Recent cases of interest to ADR practitioners.
HappeningsBy Tom FinneganAlternative Dispute Resolution, May 2014Mediation updates from around the country.
Mediation is not a panacea: The Ukrainian dilemma as a case studyBy Jon Kingzette & Kyler JuckinsAlternative Dispute Resolution, May 2014What has been labeled a “crisis” in Ukraine is a clear example of an international conflict in which mediation can do little or nothing.
What law governs the mediation privilege in federal cases?By Jonah OrlofskyAlternative Dispute Resolution, May 2014Two recent decisions show that the question of whether there is a mediation privilege in federal cases will differ depending upon the basis for jurisdiction.
An alternative to jail: How the judicial system is assisting women at riskBy Jon KingzetteAlternative Dispute Resolution, March 2014The purpose of a Girls Court is to help prostitutes and other women at risk find comfort, come to terms with the fact that they were exploited, and try to prepare for a new life.
Book ReviewBy Bianca T. GreenAlternative Dispute Resolution, March 2014A review of Getting to Yes: Negotiating Agreement Without Giving In.
Case briefsBy Kyler Juckins & Jerremy WikerAlternative Dispute Resolution, March 2014Recent cases of interest to ADR practitioners.
Girls Court shapes new ways to deal with at-risk youthBy Brandon SarkauskasAlternative Dispute Resolution, March 2014Crafted nearly two and a half years ago, the Girls Court aims at providing an alternative way to not only resolve conflict, but to prevent it.
HappeningsBy Abigail Van HookAlternative Dispute Resolution, March 2014Mediation updates from around the country.
Nevada Supreme Court protects confidentiality in foreclosure mediationBy Brandon SarkauskasAlternative Dispute Resolution, March 2014Not only does the recent decision by Nevada’s Supreme Court affirm the confidential nature of the foreclosure mediation program, but it offers reassurance of confidentiality to others who may be interesting in pursuing mediation resolutions for other conflicts as well.
A new era of mediationBy Tom FinneganAlternative Dispute Resolution, March 2014In response to the foreclosure crisis, Illinois responded by enacting foreclosure mediation programs in some of Illinois’ largest counties, and these programs were widely successful. Is it illogical to think that the State of Illinois could benefit from enacting similar types of criminal mediation programs in the same counties?
Case briefsBy Abigail Van Hook & Jerremy WikerAlternative Dispute Resolution, January 2014Recent cases of interest to alternative dispute resolution practitioners.
Delaware’s struggle over confidential arbitrationBy Brandon SarkauskasAlternative Dispute Resolution, January 2014The recent case of Delaware Coalition for Open Government v. Hon. Leo E. Strine, Jr, et. al poses a number of issues for state-sponsored arbitration programs.
HappeningsBy Kyler Juckins & Tom FinneganAlternative Dispute Resolution, January 2014Mediation updates from around the country.
Positions versus interests (Part II)By Robert E. Wells, Jr.Alternative Dispute Resolution, January 2014The second part of an article that was originally published in this newsletter in February 2013.
Should a mediator be an attorney?By Jon KingzetteAlternative Dispute Resolution, January 2014There is nothing that bars attorneys from being mediators, and there is no law that should do such a thing.
Case briefsBy Kyler Juckins, Jerremy Wiker, & Brandon SarkauskasAlternative Dispute Resolution, October 2013Recent decisions of interest to ADR practitioners.
The cost of arbitrationBy Hon. Michael S. JordanAlternative Dispute Resolution, October 2013Any experienced advocate or arbitrator knows that increasing costs are difficult to sell to the parties and the public so a challenge exists to think out of the box to manage the costs.
First District finds waiver of right to force individual arbitration of class action claimsBy John R. SchleppenbachAlternative Dispute Resolution, October 2013A corporate litigant in the First District case of Bovay v. Sears, Roebuck & Co. recently argued that it had not waived its right to arbitrate by failing to assert it during approximately a decade of litigation.
HappeningsBy Jon KingzetteAlternative Dispute Resolution, October 2013ADR events and updates from around the country.
ISBA—It’s just the beginningBy Hon. Ann Breen-GrecoAlternative Dispute Resolution, October 2013An overview of the recent ISBA/JTBF Law & Leadership Institute, which was held in August at the John Marshall Law School.
National policy favoring class arbitration reaffirmedBy Mark RouleauAlternative Dispute Resolution, October 2013In the intervening period since the Supreme Court decision in Stolt-Nielsen S.A. v. Animal Feeds International, many courts and parties have been left wondering if arbitration on a class-wide basis could ever be sustained. Recently the Supreme Court answered this question preserving arbitration on a class basis.
