ADR Systems

Neutrals

Preparing for Mediation

Hon. Philip L. Bronstein, (Ret.)

Illinois

Hon. Philip L. Bronstein, (Ret.) is a senior mediator and arbitrator known for his intellect, keen listening skills and deep knowledge of the law.  He has won acclaim for successfully handling very complicated, multi-party cases involving both commercial and personal injury matters. Prior to his time on the bench, he briefed and argued numerous cases before the Illinois Supreme Court and the Seventh Circuit Court of Appeals.  Judge Bronstein has contributed to important appellate case law in areas of personal injury, civil rights, zoning, taxation, the Code of Civil Procedure, home rule, defamation, nursing home and professional liability.  Judge Bronstein’s success as a neutral is a reflection of his passion for dispute resolution.

Types of Cases Resolved

  • Civil Rights
  • Class Action
  • Condominium Board Dispute
  • Construction
  • Contract
  • Defamation
  • Employment
  • Environmental
  • Estates
  • Family Law
  • Federal Employers Liability Act (FELA)
  • Fee Dispute
  • Fiduciary Duty
  • Franchise
  • Fraud
  • Insurance Coverage
  • Legal Malpractice
  • Medical Malpractice
  • Non-Compete
  • Nursing Home
  • Partnership Dispute
  • Personal Injury
  • Probate
  • Product Liability
  • Professional Malpractice
  • Property Damage
  • Qui Tam
  • Real Estate
  • Shareholder Dispute
  • Subrogation
  • Tax
  • Trade Secrets
  • Trusts
  • Whistleblower
  • Workers' Compensation
  • Wrongful Death
  • Wrongful Termination

ADR Experience and Qualifications

  • Since joining ADR Systems in 2008, Judge Bronstein has served as a full-time mediator, arbitrator, tri-panel chair and special master
  • 19-year judicial career focused on civil litigation including serving in the Chancery Division, 2005-2008; Law Division, Motion Section, 1995-2005; Domestic Relations assignments: Preliminary Judge, 1991-1995; Trial Judge, 1990-1991; Child Support Call, 1989-1990
  • 13-year legal career including serving as Chief Assistant Corporation Counsel, Legal Counsel Division, City of Chicago, 1985-1989; Chief Assistant Corporation Counsel, Appeals and Counseling Division, Law Department, City of Chicago, 1984-1985; Assistant Corporation Counsel, Appeals and Counseling Division, Law Department, City of Chicago, 1977-1984
  • Approved Mediator, Circuit Court of Cook County

Representative Cases

  • Class Action and Insurance Coverage: presided over bench trial that involved a Telephone Consumer Protection Act violation
  • Class Action: presided over numerous bench and jury trials involving alleged consumer fraud and various statutory violations
  • Contract: chaired tri-panel aribtration involving patent issues
  • Contract: presided over bench trial that involved case of first impression finding an exculpatory clause in a commercial contract precluded a property damage claim based on strict liability
  • Contract: Fortune 500 company claimed defendant fraudulently misrepresented the value of a business the company acquired
  • Contract: international arbitration involving the purchase of medical equipment
  • Contract: plaintiff claimed defendant used plaintiff’s intellectual property without paying proper royalties, violating the terms of their agreement; creative mediated solution allowed parties to continue business relationship
  • Contract: franchisee alleged the parent company falsely accused them of violating the terms of their agreement in an attempt to terminate the franchise
  • Defamation: presided over bench trial that involved action that applied the innocent construction rule
  • Fee Dispute: arbitration regarding payment of attorney fees in a divorce
  • FELA: presided over bench trial and affirmed judgement for case that involved a claim rejecting the plaintiff’s argument of “borrowed” or “dual” servant
  • Fraud: case against an underwriter and an accounting firm alleging a scheme to defraud the State of Illinois by “yield burning”
  • Insurance Coverage: plaintiff claimed that insurer did not properly fund repairs to plaintiff’s home after flooding, resulting in further property damage; case required multiple sessions and rigorous follow-up to reach settlement
  • Medical Malpractice: presided over bench trial dismissing claim against a psychiatrist; facts did not support tolling of statute of limitations under fraudulent concealment or legal disability
  • Medical Malpractice: presided over bench trial that involved a cervical fusion and an un-operated hernia for $600,000
  • Personal Injury and Wrongful Death: as a judge, ruled that claim against a municipality would be permitted to proceed under the Domestic Violence Act, which provided an exception to absolute immunity
  • Professional Malpractice: company claimed their accountant failed to advise them on a tax savings regulation
  • Securities: plaintiff claimed that their financial advisor made unsuitable investments with plaintiff’s money; case required extensive post-mediation follow-up to reach settlement
  • Workers’ Compensation: employer prevented from asserting a workers’ compensation lien during the limitations period

Professional Activities and Awards

  • Chair, Committee on Character and Fitness, Illinois Supreme Court
  • Former Member, Domestic Relations Team; appointed by Chief Judge of the Circuit Court of Cook County
  • Completed “Insurance and Risk Allocation in America: Economics, Law and Regulation,” AEI Brookings Joint Center for Regulatory Studies
  • Former Member, Federal-State Judicial Council; appointed by Illinois Supreme Court

Presentations and Publications

  • Presenter, “Motion Practice,” Circuit Court Committee, Chicago Bar Association (CBA)
  • Presenter, “Civil Law Update,” Illinois Judicial Conference
  • Presenter, “Motions for Summary Judgment and Motions to Dismiss,” CBA
  • Presenter, “Illinois Supreme Court Rule 218,” Circuit Court Committee, CBA
  • Presenter, “Bankruptcy and Family Law: Jurisdictional Issues,” Seventh Circuit Bankruptcy Seminar
  • Presenter, “Matrimonial Law Update,” Matrimonial Law Committee, CBA
  • Presenter, “Automatic Dissolution Stay and Amended Maintenance Statute,” North Suburban Bar Association
  • Presenter, “Perspectives on Custody Cases,” American Academy of Matrimonial Lawyers
  • Presenter, numerous Continuing Legal Education (CLE) programs for ADR Systems on various topics

Education

  • JD, Illinois Institute of Technology, Chicago-Kent College of Law
    • Honors
  • BA, Western Illinois University

Admissions

  • Illinois State Bar

My mediation at ADR Systems proved to be extremely successful, thanks to the professionalism of our mediator.  Judge Kelley adeptly settled a very complex case involving serious injuries.  His patience, knowledge of the case, and considerate treatment of the parties involved all contributed to reaching a settlement that both sides found acceptable.  Kudos to Judge Kelley and ADR Systems for an experience I hope soon to repeat.

Thomas P Cernek, Esq.Law Offices of Thomas P. Cernek & Associates