Hon. Michael R. Panter, (Ret.), senior mediator and arbitrator at ADR Systems, recently joined Law360’s Approach the Bench podcast for an episode titled, “Judge Panter on Mediating vs. Judging.” In his conversation with the hosts, he discusses the difference between deciding a case as a judge and helping parties resolve a case as a mediator. […]
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ADR Systems’ neutrals settle substantially all personal injury disputes before them; however, sometimes, parties simply cannot see eye to eye. Despite our neutrals’ warnings, parties take their cases to trial and assume numerous risks. Losing, of course, is the most obvious risk. It means no recovery for the plaintiff or a judgment for the defendant. […]
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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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This article was originally published in the Illinois Bar Journal and can be accessed here. Beginning July 1, 2022, the Illinois supreme court imposed Time Standards for Case Closure for lawsuits filed on or after Jan. 1, 2022 (the “Time Standards”).[1] The Supreme Court determined that an outer limit of 36 months is appropriate for 98 percent of cases to […]
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ADR Systems’ senior mediators and arbitrators are so effective at settling medical malpractice, wrongful death and auto liability disputes that they appear in almost every edition of our monthly Personal Injury Settlement Reports. Our neutrals’ skill at settling these cases is rooted in their legal acumen and ability to facilitate constructive negotiations between the parties […]
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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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Parties to an arbitration can actually tailor the process that produces their arbitration award in several ways. Among other things, they can limit the scope of their arbitration, curtail a binding award with a high-low agreement, engage in a baseball-style arbitration and agree to make the award non-binding. By understanding their tailoring options, parties are […]
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Hon. Helaine L. Berger, (Ret.) and Hon. Margaret A. Brennan, (Ret.), senior mediators and arbitrators at ADR Systems, recently presented at the Supreme Court of Greece as part of the Chicago Bar Association’s Continuing Legal Education Abroad program. Judge Berger and Judge Brennan participated in “Alternative Dispute Resolution in the U.S. and Greece,” an interactive […]
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Hon. Margaret A. Brennan, (Ret.), senior mediator and arbitrator at ADR Systems, recently served as a mock trial judge for The Chicago School. The students — master’s candidates in forensic psychology — each took the stand and presented expert witness testimony as to a defendant’s competency to stand trial. In this experiential learning exercise, all […]
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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 MoreIt’s well documented that litigation takes more time than adjudication with arbitration. The US District Court Judicial Caseload Profile from June 30, 2025 reported that the median time from filing to trial for civil cases is 34.1 months.[i] By contrast, the median duration of domestic commercial arbitrations – from initial filing to award – is […]
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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 […]
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Hon. Janet Adams Brosnahan, (Ret.), senior mediator and arbitrator at ADR Systems, recently published an article in the Chicago Daily Law Bulletin. Her article, Finding Inspiration When Rule of Law Appears to Be Under Attack, reflects on personal experiences and professional insights that shaped her perspective on the legal profession.
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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, […]
Read MoreIn an automobile accident case involving a severe injury, Judge Callahan kept both sides negotiating even when it appeared we were going to be over six figures apart at the end. His insights and guidance were instrumental in getting both sides to a dollar figure that ultimately settled the case. I am confident that we could not have achieved that settlement without Judge Callahan’s superb efforts.
David Rosemeyer, Esq.Tucker Merker, LLC
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