2018 Articles

Meet the section council December 2018 A spotlight on section council members Deborah Jo Soehlig, vice chair, and Missy Greathouse, secretary.

New Illinois Supreme Court Rule clarifies attorneys’ role when divorce collaborative processes fail By Hannah Friedle November 2018 When couples seek a divorce, they must weigh the available options of litigation, mediation, and a collaborative process. Illinois Supreme Court Rule 294 went into effect on July 1 and may help them do so more effectively.

Perspectives from the bench: Family law mediation 101 By Hon. Michelle A. Vescogni 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.

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The promises and perils of asserting the mediation privilege By Anna A. Corcoran & David C. Thies May 2018 The mediation privilege purports to offer strong protection for communications that occur during the course of mediation, but attorneys must nevertheless be careful to avoid any number of pitfalls when asserting the privilege.

Restorative justice and survivors By Reagan Quynn 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 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.

Social justice By Reagan Quynn November 2018 An introduction to In the Alternative's social justice column.

Technology and alternative dispute resolution By Madeline Derango 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.

The Uber conundrum: Hyperlinks, in-app agreements, and arbitration By Madeline Derango November 2018 As Uber has learned this year, hyperlink design can be the difference between a binding and non-binding arbitration agreement.

United States Supreme Court oral argument review: New Prime v. Oliveira By Hannah Friedle 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 December 2018 An overview of the United States-Mexico-Canada Agreement.

Upholding or striking consumer mandatory arbitration clauses: What is the current trend? By David W. Inlander & Deborah Jo Soehlig May 2018 Recent cases have addressed situations that call into play the issues raised by mandatory arbitration clauses and class action waivers in form agreements.

U.S. Supreme Court agrees to hear Lamps Plus, Inc. v. Varela By Madeline Derango 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 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 November 2018 Mediation can be a helpful tool for managing family disputes while protecting the lawyer from unnecessary risk.

What every Illinois estate planner should know about elder mediation (part 2) By Roselyn L. Friedman December 2018 Mediation can be a helpful tool for managing family disputes while protecting the lawyer from unnecessary risk.