Parties struggle while a dispute remains unresolved, especially in cases involving wrongful deaths and catastrophic injuries. The risks associated with jury trials can amplify that distress.
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Provided here is an article written by Hon. Lisa R. Curcio, (Ret.), senior mediator and arbitrator at ADR Systems, as a summary of a 2022 presentation about prevailing party attorneys’ fees that she gave with Dan Rosenberg, a principal with Much Shelist, P.C., for the Society of Illinois Construction Attorneys.
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Mediating disputes requires a unique way of thinking that draws upon a mediator’s prior work as a judge or litigator but reaches beyond both. How, though, do mediators think?
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Pre-mediation conferences can help attorneys prepare for mediations and can lead to smoother mediation sessions. This is especially the case if the dispute is layered with behind-the-scenes issues—divergent perspectives on the distribution of liability, situations involving multiple carriers and coverage disagreements, for example—that could impact the success of the mediation later.
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Attorneys and their clients can benefit from a novel, creative approach to mediating disputes with layers of issues.
Read MoreHon. Thomas R. Allen, (Ret.), senior mediator and arbitrator at ADR Systems, recently published an article in the Chicago Daily Law Bulletin.
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Most cases at ADR Systems are either mediated entirely remotely or through a hybrid format, with some participants connecting into a session at our offices via videoconference.
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ADR Systems can help parties resolve mechanics lien and contract disputes valued at $100K or less at a lower cost through the Commercial Alternative Fee Program.
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Hon. Mitchell L. Hoffman, (Ret.) and Hon. Marguerite A. Quinn, (Ret.), senior mediators and arbitrators at ADR Systems, presented at the Illinois State Bar Association’s Civil Practice Update on how attorneys can make the most of mediation earlier this year.
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What’s next for alternative dispute resolution? Marc Becker, president and founder of ADR Systems, and Michael Koss, Business Development & Marketing Associate Manager at ADR Systems, recently published an article, responding to that question, in the Chicago Daily Law Bulletin.
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Attorneys should prepare mediation submissions that are as substantive as the documents they would produce for trial, but with their neutral in mind. In mediation, attorneys advocate for their client before a neutral mediator, whose job is to facilitate negotiation between parties after reviewing submissions.
Read MoreMost attorneys know how to prepare for a mediation, but preparation is not the only key to success. Trust, communication and patience – which our neutrals consider the three pillars of mediation – are equally important to achieving a settlement in a guided and collaborative process like mediation.
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A high-low agreement is a tool by which disputing parties can set maximum and minimum recovery values and obviate risks at play in litigation.
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Tense mediations involving unwieldy parties can pose a challenge to settlement, but not one that is insurmountable. Mediators at ADR Systems have had numerous challenging cases with parties that are diametrically opposed to one another, quick to anger or seemingly convinced that resolution is improbable – and yet they can almost always help the parties […]
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A step clause—also known as a multi-step or multi-tiered dispute resolution clause—provides for negotiation or mediation prior to arbitration or litigation.
Read MoreJudge Burke successfully mediated a complicated case with little chance of being resolved. He read every word of the parties' submissions, asked astute questions, and worked hard to find a path to resolution. Judge Burke communicated with the parties themselves - so that they felt they were important participants in working toward resolution. The case I thought was never going to settle, settled.
Robert W. Smyth, Jr., Esq.Donohue Brown Mathewson & Smyth
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