Hon. Joseph N. Casciato, (Ret.)

Hon. Joseph N. Casciato, (Ret.) is a senior mediator and arbitrator at ADR Systems. His trademark is his ability to guide even the most recalcitrant parties to settlement, settling more than 91% of his mediations. He is well known for his thorough case preparation, positive attitude and pleasant personality.

Types of Cases Resolved

Bad Faith
Business Dissolution
Class Action
Construction
Construction Accidents
Construction Defect
Contract
Employment
Federal Employers Liability Act (FELA)

Fiduciary Duty
Franchise
Insurance Coverage
Legal Malpractice
Medical Malpractice
Nursing Home
Partnership Dispute
Personal Injury
Product Liability

Professional Malpractice
Property Damage
Re-Insurance
Retaliatory Discharge
Sexual Abuse
Subrogation
Wrongful Death
Wrongful Termination

ADR Experience and Qualifications

Since joining ADR Systems in 2004, Judge Casciato has served as a full time mediator, arbitrator, discovery master and independent neutral
22-year judicial career including Circuit Court of Cook County Law Division, Law Jury and Motion Call D

10-year legal career including Of Counsel at Rusin Maciorowski & Friedman, Ltd. and Assistant Corporate Counsel, City of Chicago; Associate, William J. Harte, Ltd.
Approved mediator, Circuit Court of Cook County

Representative Cases

Class Action: mediated more than 1,000 cases involving a grocer-branded tea
Class Action and Insurance Coverage: involving E-Coli and complicated insurance coverage issues; settled more than 4,500 claims
Fiduciary Duty, Franchise and Restrictive Covenants: dispute between large Chicago pizza chain and franchisee; resolved in tri-panel arbitration
Construction Defect: multi-party case involving claims of faulty design in construction of bridge
Contract and Franchise: multi-state restaurant chain break-up and reorganization; settled disputes with all franchisees

Insurance Coverage and Construction Defect: settlement of a large, multi-party defect case involving many insurance coverage issues
Product Liability: mediated lead paint case
Product Liability: complicated case involving several product liability issues and the federal preemption doctrine; case ultimately decided in the US Supreme Court
Medical Malpractice: case involving the Petrillo Doctrine
Toxic Tort: mediated numerous cases involving lead paint

Professional Activities and Awards

Former Adjunct Professor of Law, DePaul University College of Law
Former Chair, Illinois Supreme Court Discovery Committee to review and draft the Supreme Court rules in civil litigation
Appreciation Award, CBA Young Lawyers Association
Man of the Year Award, Ferternal Order of Police
Leading Lawyers, Top 10 ADR, Personal Injury Neutral
Board Member, Illinois Racing Board, appointed by the Governor

Member, Chicago Bar Association (CBA)

Member, Illinois State Bar Association (ISBA)
Member, Justinian Law Society
Member, Illinois Judges Association
Former Contributor, Cabrini Green Legal Clinic
Legal Consultant and Advisor, National Hockey League Players Association

Presentations and Publications

Presenter, “Complex Litigation and Civil Procedure,” CBA and ISBA
Presenter, “Motion Practice,” CBA, Young Lawyers Section
Presenter, various presentations on behalf of the Law Division of the Cook County Circuit Court

Presenter, various presentations on behalf of the ISBA
Presenter, “Summary Judgments,” Illinois Supreme Court Judicial Conference
Presenter, numerous Continuing Legal Education (CLE) programs for ADR Systems on various topics

Education

JD, DePaul University College of Law
o Bancroft-Whitney Award for excellence in commercial law
o Dean’s List
BA, Loyola University Chicago

Admissions

Illinois State Bar
US District Court for the Northern District of Illinois
US Court of Appeals for the Seventh Circuit
US Supreme Court

Disclosure

I was a sitting judge for over 22 years, have practiced law and have been a mediator since 2004. Many attorneys have tried cases in my courtrooms or mediated or arbitrated a case with me.

Additionally, I have one family member working at Curcio & Casciato.

The disclosures listed above will not affect my neutrality in this dispute.

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