Litigation is civil combat. Mediation is not. It is the facilitated negotiation of a settlement that concludes all litigation. But getting to a signed settlement agreement requires negotiation, where certain obstacles can hamper, prolong or even derail the mediation process. In this article, we identify common obstacles to effective negotiation observed by our neutrals and […]
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ADR Systems has released its Personal Injury Settlement Report for May 2026, which features a sample of unique personal injury cases settled by our mediators in the previous month. Review the report now. Case Types, Neutrals & Claims This month’s report features construction accident, negligence, product liability and wrongful death cases settled by Hon. John P. […]
Read MoreADR Systems has released its Personal Injury Settlement Report for April 2026, which features a sample of unique personal injury cases settled by our mediators in the previous month. Review the report now. Case Types, Neutrals & Claims This month’s report features negligence, wrongful death and medical malpractice cases settled by Hon. John P. Callahan, Jr., (Ret.), […]
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Mediation is not simply a more formal version of traditional bargaining. It is a fundamentally different negotiation environment — one that is non-zero-sum and interest-based. When attorneys approach mediation with rigid, “fixed pie,” and win-lose thinking, they often hinder settlement rather than advance it. Successful mediation requires a deliberate shift in mindset from positional advocacy […]
Read MoreADR Systems has released its Personal Injury Settlement Report for March 2026, which features a sample of unique personal injury cases settled by our mediators in the previous month. Review the report now. Case Types, Neutrals & Claims This month’s report features auto liability, medical malpractice, railroad crossing, signage and trucking negligence cases settled by Hon. […]
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Many employers know that mediation is well suited to settling employment disputes involving discrimination, harassment, whistleblower and wrongful termination claims. Yet few employers consider adding mediation clauses to employment agreements. “To address potential disputes, employers should consider building a mediation clause into an employment agreement because it creates a path for dispute resolution and encourages […]
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This article was originally published in the Chicago Daily Law Bulletin and can be accessed here. Negotiation is often described as an art, but in legal and business disputes, it is really a disciplined science. Successful negotiation requires a balance of psychology, legal acumen and strategic concessions. But even seasoned professionals frequently fall into predictable […]
Read MoreADR Systems has released its Personal Injury Settlement Report for February 2026, which features a sample of unique personal injury cases settled by our mediators in the previous month. Review the report now. Case Types, Neutrals & Claims This month’s report features auto liability, construction accident, medical malpractice, premises liability and wrongful death cases settled by Hon. […]
Read MoreADR Systems has released its Personal Injury Settlement Report for January 2026, which features a sample of unique personal injury cases settled by our mediators in the previous month. Review the report now. Case Types, Neutrals & Claims This month’s report features auto liability, product liability, premises liability and medical malpractice cases settled by Hon. Larry G. […]
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Determining when to mediate can make all the difference in achieving a successful settlement. Most attorneys think that mediation is only effective after some discovery, but mediation can be effective during three key stages in the life of a case: pre-suit, after initial discovery and after more extensive discovery. This article provides insight into how […]
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This article by senior mediator and arbitrator at ADR Systems, Hon. Margaret A. Brennan, (Ret.), was originally published at the Chicago Daily Law Bulletin and the Women’s Bar Association of Illinois’ (WBAI) 2025 Spring Newsletter. Good work, you are trying to resolve an employment dispute short of trial or hearing. At some point during your discussions, […]
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This article was originally published at the Chicago Daily Law Bulletin. The edited version can be read here. Bracketing is an underutilized technique counsel can apply when negotiating settlements in mediation. Counsel must understand what bracketing is, the mechanics of how it operates, the significance of the midpoint, and why it works. When used effectively, […]
Read MoreADR Systems has released its Personal Injury Settlement Report for December 2025, which features a sample of unique personal injury cases settled by our mediators in the previous month. Review the report now. Case Types, Neutrals & Claims This month’s report features auto liability, product liability, sexual abuse and wrongful death cases settled by Hon. Larry G. […]
Read MoreADR Systems has released its Personal Injury Settlement Report for November 2025, which features a sample of unique personal injury cases settled by our mediators in the previous month. Review the report now. Case Types, Neutrals & Claims This month’s report features construction injury, personal injury and wrongful death cases settled by Hon. William J. Haddad, (Ret.), […]
Read MoreADR Systems has released its Personal Injury Settlement Report for October 2025, which features a sample of unique personal injury cases settled by our mediators in the previous month. Review the report now. Case Types, Neutrals & Claims This month’s report features medical malpractice, wrongful death, auto liability, premises liability and construction injury cases settled by Hon. […]
Read MoreJudge Haddad is not afraid to express an opinion about the strengths and weaknesses of a case. He does not overdo it, but is clear and forthright. Judge Haddad's extensive trial experience gives great weight to his comments.
James W. Ford, Esq.Ford & Britton, PC
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