Articles, Presentations, Teaching, and International Consulting
Mr. Widman’s background and skill go far beyond his experience as a arbitrator, mediator, and litigator.
He has a national reputation as a teacher, author and presenter for dispute resolution groups, and at bar
association and other professional meetings. He avidly accepts opportunities to speak on any of those topics.
Mr. Widman has published 32 articles, guidebooks or chapters in various journals and magazines. He has also been a law lecturer, adjunct faculty
member, and consultant for a multitude of domestic and international ADR institutions and programs. He is on the select American Arbitration
Association national teaching faculty (since 1998), and has also taught for the American Health Law Association. He has spoken at over
70 bar association, webinar and dispute resolution programs throughout the United States, including for national ADR providers. Mr. Widman has
been a leading developer of new theories and approaches in dispute resolution, and his work has been cited by others.
Publications
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"Confidentiality And Its Exceptions In Mediation", ABA Section of Litigation Practice Point, November 2020
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"The Preclusive Effect of Arbitration Awards", ABA Litigation Magazine, Fall 2020
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“The Long Side Of Reasoned Awards: Dispelling The Fallacy Of Saying Too Much”; Alternatives, CPR Intentional Institute for Conflict Prevention and Resolution, 2019
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Case Note: BG Group PLC v. Republic of Argentina; The Arbitrator & Mediator, Resolution Institute; June 2017
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“Arbitrating Legal Malpractice And Attorneys’ Fees Disputes”, ABA/BNA Lawyers’ Manual On Professional Conduct, May 2017
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“Ethics Safe Harbor: Lawyer Neutrals Exempt From Safekeeping Property Obligation,” Dispute Resolution Journal, Vol. 71, No. 2, American Arbitration Association, 2016
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“Effective Advocacy In Health Care Arbitrations,” AHLA Connections, January 2016
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“An Essay on the Role of Courage in Being an Arbitrator”; Dispute Resolution Journal, American Arbitration Association, July 2012
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“Early Neutral Evaluation: Reducing Litigation Risk with an Inside Preview of the Judge’s Decision,” SRR Journal, September 2011
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“Mediating Municipal Disputes,” Illinois Municipal League Review, August 2011
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Contributing author, “Comments To The Consumer Financial Protection Bureau In Connection With Its Review Of Arbitration For Consumer Financial Products Or Services,” Cardozo Journal of Conflict Resolution, July, 2011
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“Courage: An Arbitrator’s Thoughts on Making Decisions,” Chicago Daily Law Bulletin, April 2011
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“Judicial Remands of Challenged Awards: Legal and Procedural Issues After Hall Street,” Dispute Resolution Journal, American Arbitration Association, December 2008; reprinted in Handbook On Arbitration Practice, American Arbitration Association, 2010
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“Hall Street v. Mattel: The Supreme Court's Alternative Arbitration Universes,” Dispute Resolution Magazine, American Bar Association Section of Dispute Resolution, November 2008
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“Going Through The Motions: The Federal Arbitration Act's Limits On The Right To A Jury Trial And Discovery In Federal Court, Trial Practice Journal, American Bar Association Section of Litigation, May 2008
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“Class Action Arbitration,” American Bar Association Section of Litigation 11th Annual National Institute on Class Actions, October 2007
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“The Protections and Limits of Confidentiality in Mediation,” two-Part article in Alternatives, CPR International Institute for Conflict Prevention and Resolution, November-December, 2006
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“When It's Over Before It's Completed: The Finality of Interim Awards,” two-part article in Alternatives, CPR International
Institute for Conflict Prevention and Resolution, June-July, 2006
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“Courts or Arbitrators? Who Decides Arbitrability Issues,” Chicago Bar Association Record, January 2006
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“Avoiding Mediation Impasse,” Alternative Dispute Resolution Supplement, Law Bulletin Publishing Company, January 2006
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“Piecing Together Your Client's Victory: Drafting the Right Arbitration Clause,”
Business Law Today, American Bar Association Section of Business Law, Sept./Oct. 2004
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“What's Certain is the Lack of Certainty About Who Decides the Existence of the Arbitration Agreement,” Dispute Resolution Journal, American Arbitration Association, May 2004
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Commentary on Federal Arbitration Act, 9 USC §1 et seq., National Institute for Trial Advocacy (2004)
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“Peeling The Onion: The Heart of The Trial is The Heart of The Parties,” Commercial & Business Litigation Committee Journal, American Bar Association Section of Litigation, Winter 2002-2003
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“Ethics and Conduct in ADR,” Chapter in two-volume publication Alternative Dispute Resolution, Illinois Institute of Continuing Legal Education, October 2001
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“Mediating a Y2K Dispute,” Chicago Lawyer, August 1999
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Principal author: “A Concise Guide To Alternative Dispute Resolution in Illinois,” Illinois State Bar Association, Section of Alternative Dispute Resolution, 1996
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“ADR and Lawyer Ethics,” Illinois Bar Journal, March 1994, Vol. 82, No. 3; republished in Facts & Findings, November 1994, Vol. XXI, Issue 3
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“Attorneys' Ethical Duties To Know And Advise Clients About ADR,” American Bar Association Center for Professional Responsibility, materials for 19th National Conference on Professional Responsibility, May 1993, and republished in 1993 Symposium Issue of The Professional Lawyer
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“ADR - What You Don't Know Can Hurt You,” Illinois State Bar Association, Committee on Alternative Dispute Resolution Newsletters Vol. 1, No. 1, June 1992; also in Chicago Daily Law Bulletin, August 21, 1992 and June 15, 1995
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Contributing author: “Arbitrator Reference Manual,” Illinois Supreme Court, 1992
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Contributing author: “A Drafter's Guide To Alternative Dispute Resolution,” American Bar Association, Committee on Dispute Resolution, 1991
Teaching
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Faculty Member, American Arbitration Association training program on Commercial
Arbitration, 2000-Present (Advanced), 1998-2005 (Basic), 2003-2005 (Award Writing), special programs 2014 – present
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Faculty, American Health Law Association arbitration training program, May 2014 - present
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Faculty, International Law Institute, Mediation training, Lesotho, November 2013
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Conference Co-Chair, ABA Section of Dispute Resolution Annual Meeting, Chicago, April 2013
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Faculty Member, American Arbitration Association training program on Mediation, 2013
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Faculty Member, DePaul University College of Law; Commercial Arbitration, Spring, 2003
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Faculty Member, National Institute of Trial Advocacy Program on Negotiation and Mediation, June 1997, Northwestern University School of Law
International Consulting
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Nepal International ADR Centre, January 2015
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Cuba, Arbitrator/Mediator Exchange Mission, November 2014
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Lagos, Nigeria, Multi-Door Courthouse, May 2014
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Bulgarian Institute for Legal Initiatives, December 2013
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Lesotho, Mediation Training, November 2013
Presentations
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Presenter, "Dissents: What's Justice Got To Do With That?", American Arbitration Associations, November 2020
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Presenter, "Managing Large-Volume Claims Cases", American Conference Institute, July 2020
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Presenter, "Dispute Resolution in Health Care: What's Working?", ABA Webinar, March 2020
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Presenter, “Health Care Arbitration and Mediation: Teaming for Efficiency”, American Health Lawyers Association Annual Meeting, June 2019
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Presenter, “Business Dispute Resolution”, Textile Bag & Packaging Assn., Inc., October 2018
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Presenter, “Preparing for the Mediation Plenary,” 16th Annual Advanced Mediation and Advocacy Skills Institute, October 2018
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Presenter, “Business Mediation Basics 101”, ABA Business Law Section Webinar, January 2018
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Moderator, “Mediation Of M&A And Other Business Disputes”, ABA Business Law Section, September 2017
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Presenter and Moderator, “Setting The Stage For Successful Arbitration”, “Decision Making In Court And Arbitration”, ABA 10th Annual Arbitration Training Institute, June 2017
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Presenter, Union League Club, “Alternative Dispute Resolution In Real Estate Transactions,” August 2016
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Faculty, American Health Lawyers Association Meeting, “Health Care Arbitration,” 2016, 2014
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Presenter, Forensic Expert Witness Association, “The Expert As Arbitrator,” December 2015
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Presenter, American Health Lawyers Association, “False Claims Act Cases – Settlement And ADR,” November 2014
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Presenter, ABA Section of Dispute Resolution, “Advanced Mediation And Advocacy Skills Institute,” October 2014
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Panelist, ABA/AAA Joint Program, “Stories Mediators Tell,” October, 2014
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Panelist, ABA Section of Business Law Meeting, “Dispute Resolution In Commercial Finance,” September 2014
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Speaker, American Health Lawyers Association Meeting, “Health Care Arbitration,” May 2014
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Panelist, American Health Lawyers Association Webinar, “Advocating Effectively in Health Care Arbitration,” December 2013
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Speaker, American Arbitration Association Webinar, “Arbitrators Conducting Legal Research,” November 2013
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Panelist, ABA National Class Action Institute, Boston, October 2013
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Panelist, CBA Labor & Employment Section, “Advocacy in Employment Arbitration,” September 2013, Chicago
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Panelist, ABA Section of Dispute Resolution Annual Meeting, “Herding Cats: The Case for Joined or Collective Arbitration,” April 2013, Chicago, IL
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Speaker, American Arbitration Association Webinar, “Arbitrability and Jurisdiction Issues in Arbitration,” February 2013 and October 2011
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Speaker, ABA Section of Business Law Annual Meeting, “Achieving Justice Through 21st Century Arbitration,” August 2012, Chicago, IL
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Speaker, Cook County Circuit Court, “Current Issues in Mediation Ethics,” March 2011
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Panelist, Intellectual Property Law Association of Chicago, “ADR In Intellectual Property Disputes,” February 2011
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Speaker, ABA Section of Litigation, 13th Annual National Institute on Class Actions, “Crafting, Opposing and Arguing Arbitration Clauses and Class Action Waivers,” October and November 2009
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Speaker, American Arbitration Association Webinar, “Judicial Remands of Challenged Awards,” October 2009
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Speaker, ABA Section of Dispute Resolution Webcast, “Hall Street v. Mattel: The FAA's Grounds Of Review Are Preserved B Or Are They?” July 2008
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Panelist, ABA Section of Dispute Resolution, “The Creature of Contract: Have Parties' Contracts Created a Frankenstein of the FAA's Grounds of Arbitration Award Review?” April 2008
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Panelist, ABA Section of Dispute Resolution, “Surprising Practical and Legal Issues That Can Arise in Any Arbitration: Lessons from the First Public Olympic Sports Arbitration, Floyd Landis v. USADA,” April 2008
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Panelist, Association for Conflict Resolution, “Ethical Issues in Business and Commercial Disputes,” March 2008
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Speaker, Illinois State Bar Association, “Appeal of an Arbitration Award Federal Arbitration Act v. Federal Rules of Civil Procedure,” February 2008
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Panelist, CPR Institute for Dispute Resolution, “Deciding Arbitrability: Sorting Out The Court's Directives,” October 2007
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Panelist, ABA Section of Litigation 11th Annual National Institute on Class Actions, “Class Action Arbitration,” October 2007
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Panelist, Law Bulletin Publishing Corp., “ADR In Real Estate Transactions,” October 2007
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Speaker, Illinois Institute of Continuing Legal Education, “ADR - Ethics For The Business Lawyer,” September 2007
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Panelist, Financial Industry Regulatory Authority, “Arbitration And Mediation Of Securities Disputes,” September 2007
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Panelist, American Bar Association Section of Dispute Resolution, “Class Action Arbitration,” April 2007
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Speaker, Chicago Bar Association, “When The Federal Arbitration Act Meets The Federal Rules of Civil Procedure: Limits On Jury Trials And Discovery In Pre- and Post-Arbitration Matters In The Federal Courts,” March 2007
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Speaker, Chicago Bar Association, “Arbitration: What You Need To Know As A Litigator,” October 2006
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Speaker, National Association of Administrative Law Judges, AConfidentiality in Mediation, November 2005
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Speaker, Chicago Bar Association, “Strategic Use of Arbitration in Resolving Commercial Disputes,” October 2005
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Speaker, Cook County Circuit Court, “Breaking Impasse: Moving From Stalemate to Settlement in Mediation,” September 2005
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Panelist, CPR Institute for Dispute Resolution, “Ethics in Mediation,” June 2005
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Panelist, American Bar Association, Arbitration Training Institute II, Chicago, May 2005
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Speaker, American Arbitration Association, “Arbitrability and Arbitrator Jurisdiction,” Chicago Region, May 2005
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Panelist, American Bar Association Section of Dispute Resolution, “Following Goldilocks Through Grizzly Choices: Update on Drafting Effective and Enforceable Arbitration Clauses,” April 2004
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Panelist, American Bar Association Section of Dispute Resolution, “Goldilocks and Arbitration Clauses: Too Little, Too Much (Too Bad) . . . Or Just Right!” March 2003
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Panelist, “ADR 2003: New Trends in Dispute Resolution,” Chicago Bar Association/ACR, January 2003
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Panelist, Northern Illinois University Symposium on Dispute Resolution, “Mediation Advocacy in Commercial Disputes,” March 2001
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Moderator/Speaker, “Doing Business in the Electronic Age,” September 2000
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Chair, American Bar Association Section of Litigation, “E-Commerce: Surfing the Substance,” April 2000
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Panelist, American Bar Association Section of Dispute Resolution, “Mediating the Y2K Bug,” May 1999
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Panelist, Chicago Bar Association, “Mediation Advocacy,” November 1998
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Panelist, Chicago Bar Association training program of arbitrators for attorney/client fee disputes, September 1998
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Speaker, Vehicle Leasing Conference, September 1996
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Radio Talk Show Guest, WCBR, “Ask A Lawyer,” on Alternative Dispute Resolution, May 1996
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Speaker, Chicago Bar Association, “Ethics, Malpractice, and Alternative Dispute Resolution,” April 1994
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Speaker, Wharton Alumni Club of Chicago, “Alternative Dispute Resolution,” February 1994
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Speaker, Society of Professionals in Dispute Resolution, “Court ADR Update,” January 1994
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Guest Lecturer, Lake Forest Graduate School of Management, December 1993
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Speaker, University of Wisconsin - Madison School of Business (Management Institute), Alternative Dispute Resolution in Insurance and Reinsurance, July 1993
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Panelist, American Bar Association Center for Professional Responsibility 19th National Conference, “Alternative Dispute Resolution
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A New Frontier of Ethical Problems,” May 1993
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Speaker, Equipment Leasing Association of America Legal Forum, “Pros and Cons of Alternative Dispute Resolution,” May 1993
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Panelist, SPIDR Midwest Regional Conference on “Emerging Issues in Dispute Resolution,” April 1993
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Speaker, Chicago Bar Association Tort Litigation Committee, December 1993; Corporations Committee (Ethics Subcommittee), November 1993; Civil Practice Committee, October 1993; Professional Responsibility Committee, October 1993; Tort Committee, April 1993
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Bankruptcy Committee, March 1993; Matrimonial Law Committee (ADR Subcommittee), January 1993
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Participant, Roundtable Discussion, “Lawyer's Incivility in Courtroom,” Illinois Legal Times, December 1992
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Radio Talk Show Guest, Business Radio Network, “The Legal Advisor,” on Alternative Dispute Resolution, March 1992
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Speaker, Attorney General's Task Force on Environmental Legal Resources, March 1992
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Speaker, Illinois State Bar Association Mid-Year Meeting, “Ethical Obligations to Use ADR,” December 1991
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Focus Group Leader on Alternative Dispute Resolution, Chicago Bar Association Justice for Youth Symposium, October 1991
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Moderator, Chicago Bar Association, “Mandatory Arbitration in Cook County,” February and March 1990
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Speaker, Executive Suite Network, Inc., “Leases, Licenses and Lessons for Executive Suites,” October 1990
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Speaker, Society of Professionals in Dispute Resolution, “Implementing an ADR System in the Corporate Setting,” November 1988
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Speaker, Chicago Bar Association, “A Litigator's Viewpoint of Arbitration: The Benefits, Detriments and Betterments,” February 1988
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Faculty speaker, Illinois Institute of Continuing Legal Education, “Federal Civil Practice,” May 1987