Hon. Brian R. McKillip, (Ret.)
IllinoisNeutral AvailabilityJudge McKillip is a senior mediator and arbitrator concentrating in family law, personal injury and commercial matters. During his 20-year career as a jurist, he presided over a variety of Law Division cases, with the majority of his service – 11 years – in the DuPage County Court’s Domestic Relations Division. While there, he presided over complex custody, dissolution of marriage, parental rights and visitation matters. The breadth of his knowledge of the multiple issues involved in family law cases, coupled with his ability to facilitate negotiation and constructive dialogue between opposing parties, serves him well in his practice as a senior mediator and arbitrator.
Types of Cases Resolved
- Asset Valuation
- Auto Liability
- Child Support
- College Expense Allocations
- Contract
- Custody/Allocation of Parental Responsibility
- Defamation
- Discrimination
- E-Discovery
- Eminent Domain
- Employment
- Estates
- Family Business
- Family Law
- Fee Dispute
- Fiduciary Duty
- Finance
- Guardianship
- Legal Malpractice
- Maintenance
- Non-Compete
- Nursing Home
- Partnership Dispute
- Personal Injury
- Premises Liability
- Prenuptial and Postnuptial Agreements
- Property Distribution
- Real Estate
- Removal/Relocation
- Restrictive Covenants
- Sexual Abuse
- Sexual Harassment
- Storm Damage
- Subrogation
- Temporary Restraining Order (TRO)
- Trade Secrets
- Trusts
- Unfair Competition
- Uninsured & Underinsured Motorist (UM&UIM)
- Visitation/Parenting Time
- Wrongful Death
- Wrongful Termination
ADR Experience and Qualifications
- Since joining ADR Systems in 2019, Judge McKillip has served as a full-time mediator and arbitrator
- 20-year judicial career in the 18th Circuit Court including Associate Judge of the Law Division, 2015-2019; Domestic Relations Division, 2001-2004 and 2007-2015; Misdemeanor Division, 2004-2007; Traffic Division, 1999-2001
- 27-year legal career in private practice: sole practitioner, 1987-1999; partner at Rolewick & McKillip, 1981-1987; McKenna, Storer, White & Farrug, 1976-1978; Mayer, Brown & Platt, 1972-1976
Representative Cases
- Contract: resolution of suit by buyer of industrial machinery alleging breach of warranty of fitness for a particular purpose and remedies when a warranty fails of its essential purpose
- Contract: resolution of dispute over sale of automobile through a dual agent who failed to transmit full payment tendered by the buyer by reason of agent’s sudden death
- Custody and Allocation of Parental Rights: numerous cases concerning removal of children from the state and modification of parenting time based on relocation within the state
- Custody and Allocation of Parental Rights: numerous cases involving breakdown of parent-child relationship and efforts to reestablish relationship between parent and estranged children
- Dissolution of Marriage: allocation of royalties off patents obtained during marriage both as a division of assets and their relationship to child support
- Dissolution of Marriage: validity, interpretation and application of prenuptial agreement to post marital increases in retirement assets and alleged income earned but undistributed by non-marital business ventures
- Dissolution of Marriage: interpretation and application of a judgment of dissolution of marriage upon the parties’ subsequent remarriage and a second dissolution proceeding
- Dissolution of Marriage: determining the validity and application of a foreign divorce judgment to a dissolution of marriage proceeding pending in Illinois
- Dissolution of Marriage and Post Judgment Review of Maintenance: party seeking conversion of maintenance from reviewable to permanent based upon allegations of disability caused by traumatic brain injury supported by and challenged by expert testimony of a neuropsychiatrist and a neurologist
- Eminent Domain: proceeding seeking just compensation for the part taken, the remainder and temporary construction easements
- Employment: sexual harassment in employment and wrongful termination seeking both compensatory as well as punitive damages
Employment: allegation of malicious interference with contract and liability under the Illinois Whistleblower Act - Grandparent Custody and Visitation: maternal grandparent’s petition for custody after the death of mother; upon resolution of custody issue in favor of father, grandparent visitation monitored over an extended period of time resulting in a suspension of visitation
- Post Judgment Modification of Maintenance: deviation from guideline support sought by high income parent; treatment of non-cash tax benefits available to parent responsible for child support when benefits accrue by reason of new spouse’s investment portfolio
- Presided over numerous civil actions involving personal injury and property damage arising out of automobile collisions
Professional Activities and Awards
- Secretary and Board Member, Illinois Judges Foundation
- Member and Former Director, DuPage County Bar Association (DCBA)
- Member, Illinois State Bar Association (ISBA)
- Community Service Award, ISBA
- Ralph Gabric Award for Professionalism, DCBA
- Lawyer of the Year, DCBA
Presentations and Publications
- Panelist, “Questions to Judges with Factual Hypotheticals on Hot Topics,” Unconventional Topics in Family Law, ISBA
- Panelist, “The Role of Judges in Policing Professionalism and Civility,” ISBA
- Panelist, “Business Valuation: Financial & Tax Issues in Divorce,” Illinois Institute for Continuing Legal Education
- Presenter, “Put Your Money Where Your Children Are,” ISBA
- Presenter, “When and How Children Should Be Interviewed,” ISBA
- Presenter, “Judicial Demeanor in Disciplinary Hearings,” Attorney Registration & Disciplinary Commission
- Presenter, “Help Me Help You: Before the Eve of the Trial,” ISBA
- Presenter, “Judgment Issues in Arbitration,” DCBA
- Author, “The Code of the Order of the Brethren,” ISBA, Bench & Bar
Education
- JD, Loyola University Chicago School of Law
- Cum Laude
- BA, Loyola University Chicago
Admissions
- Illinois State Bar
- US Supreme Court
Disclosure
I was a sitting judge for over 19 years, have practiced law since 1972 and have been a mediator and arbitrator since 2019. Many attorneys have tried cases in my courtrooms or mediated or arbitrated a case with me.
Additionally, I have one family member working as a partner at Levin, Schrader & Carey Ltd.
The disclosures listed above will not affect my neutrality in this dispute.