Arbitration: Arbitration Must Take Place In Specified State Chicago Southshore & Southbend Railroad v. Northern Indiana Commuter Transportation District (Ill. 9/24/98)

Appeal arose from a contractual dispute between the Northern Indiana Commuter Transportation District and the Chicago Southshore and South Bend Railroad. The dispute resulted in arbitration proceedings which occurred in Chicago.  At issue was whether the arbitration award may be confirmed in an Illinois court or whether any judicial proceedings pertaining to the award must take place in Indiana.  The Supreme Court of Illinois concluded that the Illinois circuit court lacked subject matter jurisdiction over this clause, and Indiana was the proper forum for legal proceedings connected with the arbitration award because the arbitration clause expressly required the arbitration be held in Indiana. [Full Decision On Westlaw: 1998 WL 664221]

Arbitration: Written Notice Of Right To Arbitrate Effective Only When Given After Dispute Arises Huang v. Cheng (Cal.App. 4 Dist 9/28/98)

Attorney Huang appeals from the dismissal of his collection action against his former clients, the Chengs.  In this case of first impression, the Court of Appeals decided the Business and Professions Code section 6201 requires attorneys to provide their clients with written notice of the right to arbitrate only after a fee dispute has arisen.  Huang sent the Cheng's written notice of the right to arbitrate before the dispute arose. [Full Decision On Westlaw: 1998 WL 663349]

ADR Online: Mediation In Employment Cases Is Too Little Too Late: An Organizational Conflict Management Perspective On Resolving Disputes By Aimee Gourlay and Jenelle Soderquist

This article discusses using ADR to help prevent conflicts that arise in the workplace and changing the way conflicts are dealt with.

[Full Article On Westlaw: 21 Hamline L. Rev. 261]

ADR Online: The World Of Mediation -- A Spectrum Of Styles By Robin N. Amadei and Lillian S. Lehrburger

"Mediators use a broad range or styles, techniques and approaches, depending on their outlook, background, training and experience, as well as the type of cases they have before them. This article clarifies some of the differences in these styles, putting at one of the spectrum a process-centered approach to mediation, and at the other end a substance-oriented approach. After discussing the differences between the two approaches, the authors analyze the spectrum of mediation models."

Details: http://www.adr.org/drj/the_world_of_mediation.html

ADR Announcement: Janet Reno Advocates ADR In Governmental Disputes

"Attorney General Janet Reno today called together more than 100 representatives from all major federal agencies to urge them to adopt programs to settle disputes in a cheaper, quicker and more friendly manner.

'We should resolve disputes with our citizens with maximum respect and minimum adversity,' said Reno. 'These programs will help us do that.'

The programs promoted by the Attorney General involve the use of mediators, and other so-called neutrals who would be used by parties to help them negotiate settlements of their disputes with the government.

While speaking to the Interagency Working Group on Alternative Dispute Resolution, the Attorney General pointed to the commitment of several agencies, notably the Postal Service, to provide such mediation services for all employees who have made discrimination complaints.

This effort to promote government-wide use of mediation and other dispute resolution programs was initiated by President Clinton who asked the Attorney General in May to lead the effort to install such programs in every federal agency.

The Attorney General observed that the growing number of disputes, especially those brought by federal employees claiming discrimination, is thwarting the ability of many agencies to operate effectively. 'In some circumstances, such conflict can result in wasteful, unproductive disputes that divert us from our primary mission, and rob us of the time and resources that we need to do the people's business,' said Reno.

To assist her in this effort, the Attorney General has mobilized a team of senior officials, and dispute resolution experts from agencies throughout the federal government to provide assistance in the creation and operation of these programs. Within one year, every federal agency is expected to establish at least one new program to resolve conflicts more efficiently. The Attorney General expects these programs to save taxpayers millions of dollars in coming years."

ADR Announcement: Senate Passes Dispute Resolution Act (HR 3528)

The Alternative Dispute Resolution Act of 1998, HR 3528, passed the Senate on October 7 and the House previously on April 21.  The bill is expected to be on its way to the President.  HR 3528 directs:

"[E]ach United States district court to: (1) authorize the use of ADR processes in all civil actions; (2) devise and implement its own ADR program to encourage and promote the use of ADR in its district; (3) examine the effectiveness of existing ADR programs and adopt appropriate improvements; and (4) retain or designate an employee or judicial officer who is knowledgeable in ADR practices and processes to implement, administer, oversee, and evaluate the court's ADR program."

Details: http://thomas.loc.gov