In the Alternative

The newsletter of ISBA’s Section on Alternative Dispute Resolution

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2014 Articles

An alternative to jail: How the judicial system is assisting women at risk By Jon Kingzette March 2014 The 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.
Arbitration vs. litigation: Conflicting clauses across countries By Abigail Van Hook July 2014 The conflicting clauses bring about problems that are only amplified in the global arena.
Book Review By Bianca T. Green March 2014 A review of Getting to Yes: Negotiating Agreement Without Giving In.
Case briefs By Brandon Sarkauskas & Kerby Kniss December 2014 Recent cases of interest to ADR practitioners.
Case briefs By Jerremy Wiker July 2014 Recent cases of interest to ADR practitioners.
Case briefs By Brandon Sarkauskas & Jerremy Wiker May 2014 Recent cases of interest to ADR practitioners.
Case briefs By Kyler Juckins & Jerremy Wiker March 2014 Recent cases of interest to ADR practitioners.
Case briefs By Abigail Van Hook & Jerremy Wiker January 2014 Recent cases of interest to alternative dispute resolution practitioners.
Chair’s column By Hon. Ann Breen-Greco December 2014 A message from ADR Section Chair, Judge Ann Breen-Greco. 
Delaware’s struggle over confidential arbitration By Brandon Sarkauskas January 2014 The 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.
Divorce Corp. movie underscores family court woes, collaborative law offers solution By Sandra Crawford March 2014 Although unexplored in the film, for more than 20 years now the practice of collaborative law has offered a highly desirable alternative for couples seeking a “kinder, gentler” divorce.
An explanation of the summary jury trial By Bridget Duignan December 2014 If a summary jury trial is right for you, your client and her case, then you reap the benefits (and the pitfalls) of a one-day trial.
Florida Supreme Court upholds arbitration award as final By Jonathon Kingzette December 2014 The decision is one which encourages the use of arbitration as a means of solving disputes, and fits in with the growing popularity of arbitration at a national scope.
Foreclosure mediation has expanded to many parts of Illinois By Hon. Michael S. Jordan May 2014 The Cook County Circuit Court has created a mediation process to aid the assigned judges in addressing the legal, factual, and emotional issues facing tens of thousands of people being brought into court.
From the editor By Thomas D. Cavenagh December 2014 Editor Tom Cavenagh introduces this year's student editors.
Girls Court shapes new ways to deal with at-risk youth By Brandon Sarkauskas March 2014 Crafted 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.
Happenings By Jonathon Kingzette December 2014 Mediation updates from around the country.
Happenings By Tom Finnegan & Brandon Sarkauskas July 2014 Mediation updates from around the country.
Happenings By Tom Finnegan May 2014 Mediation updates from around the country.
Happenings By Abigail Van Hook March 2014 Mediation updates from around the country.
Happenings By Kyler Juckins & Tom Finnegan January 2014 Mediation updates from around the country.
Illinois appellate court holds arbitration agreement unconscionable By John R. Schleppenbach July 2014 It 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.
ISBA unveils exciting new Member Directory! July 2014 Make sure the other members of the ISBA ADR Section know what sets you apart and can find you easily by activating your member directory profile today.
Kenneth Feinberg speaks at National Association of Women Judges Annual Conference (NAWJ) in New Orleans October 2013 By Hon. Ann Breen-Greco March 2014 A summary of Mr. Feinberg's remarks.
Mediation is not a panacea: The Ukrainian dilemma as a case study By Jon Kingzette & Kyler Juckins May 2014 What has been labeled a “crisis” in Ukraine is a clear example of an international conflict in which mediation can do little or nothing.
Nevada Supreme Court protects confidentiality in foreclosure mediation By Brandon Sarkauskas March 2014 Not 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 mediation By Tom Finnegan March 2014 In 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?
Positions versus interests (Part II) By Robert E. Wells, Jr. January 2014 The second part of an article that was originally published in this newsletter in February 2013.
Potential role of a mediator in succession planning By Robert E. Wells, Jr. July 2014 A fictional encounter between a mediator and an attorney seeking to mediate a family succession plan.
Press release—Illinois Chapter of National Academy of Distinguished Neutrals launches new Web site for local law firms at www.IllinoisMediators.org March 2014 IllinoisMediators.org allows firms to quickly find a suitable neutral by identifying preferred practice criteria or dispute types, navigating straight to a roster of trusted local mediators and arbitrators.