What every lawyer should know about Collaborative Law (a.k.a., Collaborative Practice)By Sandra CrawfordWomen and the Law, June 2011Three things every lawyer should also know about Collaborative Law: (1) there is a favorable American Bar Association Formal Ethics Opinion (Opinion No. 07-447) on the topic; (2) Since October, 2010 there has been a Uniform Collaborative Law Act adopted in several states; and (3) there is an international organization, the International Academy of Collaborative Professionals, which has also promulgated Ethical Standards for Collaborative Practitioners.
What every lawyer should know about Collaborative Law (a.k.a., Collaborative Practice)By Sandra CrawfordAlternative Dispute Resolution, June 2011Three things every lawyer should also know about Collaborative Law: (1) there is a favorable American Bar Association Formal Ethics Opinion (Opinion No. 07-447) on the topic; (2) Since October, 2010 there has been a Uniform Collaborative Law Act adopted in several states; and (3) there is an international organization, the International Academy of Collaborative Professionals, which has also promulgated Ethical Standards for Collaborative Practitioners.
Recent amendment guts the Arbitration ActBy Bruce H. SchoumacherConstruction Law, May 2011Arbitration was devised as a dispute resolution mechanism to avoid costly and timely battles in court and to ensure confidentiality. Unfortunately, the author writes, the recent amendment to the Arbitration Act opens the door to circumvent the purpose of arbitration.
ADR Section Council proposes joint task force on youth violenceBy Joshua BaileyAlternative Dispute Resolution, April 2011The ISBA ADR Section Council, in partnership with the Chicago Bar Association, is working to implement a Joint Task Force on Stopping the Killing of Our Children in Chicago.
Dealing with time limitsBy Robert E. Wells, Jr.Alternative Dispute Resolution, April 2011A fictional discussion of the importance of mediator credibility.
Foreclosure mediation met with mixed feelingsBy Whitney RhewAlternative Dispute Resolution, April 2011It appears that efficient programs with “quick” answers for borrowers and high participation rates will be most successful.
HappeningsBy Ivana MiljicAlternative Dispute Resolution, April 2011Mediation updates from around the country.
Case briefsBy Joshua BaileyAlternative Dispute Resolution, March 2011Recent cases affecting practitioners of alternative dispute resolution.
Evaluation finds Cook County Child Protection Mediation Program helping broken families mendBy Thomas D. CavenaghAlternative Dispute Resolution, March 2011By providing a forum for families and child protection professionals to communicate and work through conflicts, the Child Protection Mediation and Facilitation Program gives families with children in state custody the chance to have their voices heard regarding issues of visitation, services and placement.
HappeningsBy Joshua BaileyAlternative Dispute Resolution, March 2011Mediation updates from around the country.
Interfaith issues in divorce mediationBy Whitney RhewAlternative Dispute Resolution, March 2011The case of Reyes v. Shapiro calls into question the court system’s ability to prohibit a parent from instilling values and beliefs into his or her child.
Case briefsBy Whitney RhewAlternative Dispute Resolution, December 2010Summaries of recent cases affecting ADR practitioners.
HappeningsBy Whitney RhewAlternative Dispute Resolution, December 2010Mediation updates from around the country.
NFL’s labor fight predicted to be expensiveBy Margaret NunneAlternative Dispute Resolution, December 2010If the owners and the NFL Players Association are unable to come to an agreement, it would mean the first work stoppage since 1987.
Time to make a differenceBy Robert E. Wells, Jr.Alternative Dispute Resolution, December 2010Law Day 2011 provides an ideal vehicle to re-emphasize the efforts and commitment of our profession to making this a better world. Check the next issue of this newsletter for details on how to get involved.
Case briefsBy Ivana MiljicAlternative Dispute Resolution, October 2010Summaries of recent cases affecting ADR practitioners.
Foreclosure growth fuels mediation growth in IllinoisBy Whitney RhewAlternative Dispute Resolution, October 2010As of August 1, 2010, lenders must now attend mediation with the homeowner and a third-party neutral before proceeding with foreclosure in Will County.
HappeningsBy Ivana MiljicAlternative Dispute Resolution, October 2010Mediation updates from around the country.
Scope of arbitrator’s authority limits authority in rewarding damagesBy Margaret NunneAlternative Dispute Resolution, October 2010In Prate Installations, Inc., v. Chicago Regional Council of Carpenters, the court found that an arbitrator cannot award damages or remedies for periods of time after the expiration of the collective bargaining agreement.
Supreme Court grants arbitrators more powerBy Joshua BaileyAlternative Dispute Resolution, October 2010Since Section 2 of the Federal Arbitration Act states that such clauses are “valid, irrevocable, and enforceable” without mentioning the validity of the agreement as a whole, the U.S. Supreme Court ruled that a challenge to the whole agreement must be decided by the arbitrator.
Restorative Justice Program in Cook County unique in U.SWomen and the Law, September 2010Currently, unpaid child support is collected through a system of seizures and penalties, sometimes including jail time. In this area of law enforcement, the adversarial process not only reinforces the conflict that drives these disputes, it is costly. Often, modest available resources are siphoned off in attorneys’ fees, court costs, and fines. In contrast, the restorative circle process enables the family members and their supporters to discuss and explore their concern for their children’s needs in a constructive, thoughtful and respectful manner.
Victim-offender mediation: An alternativeBy Don C. HammerChild Law, September 2010During Victim-offender mediation, the victim has an opportunity to confront the offender and explain to the offender the effect of the crime on the victim’s life. The offender gets to see first-hand the effect of his actions on another person and to take responsibility for what he has done.