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, […]
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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, […]
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Arbitration is an alternative dispute resolution (ADR) process wherein disputing parties agree – often through an agreement to arbitrate – to resolve a dispute by empowering one or more neutral “arbitrators” to adjudicate it: that is, render a merits-based decision on the case like a judge, but in a typically simplified, bench trial-like format. Because […]
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Mediation is not a one-size-fits-all process, and mediators often draw on two distinct styles to guide parties to resolution. Facilitative mediation centers on creating space for open dialogue, while evaluative mediation involves offering clear-eyed guidance and assessments. At ADR Systems, our mediators tailor their approach to the needs of each case, drawing from both styles […]
Read MoreMany parties desire to have their ‘day in court’ – their opportunity to present their claims or defenses before a judge or jury in pursuit of justice. The courtroom has long symbolized authority, accountability and public recognition. Yet litigation costs are mounting, the life of a case is lengthening and fewer cases – according to some […]
Read MoreSuccessful arbitration preparation relies on a clear understanding of the process and its best practices. To explore the finer points of arbitration preparation, we sat down with Hon. Kay M. Hanlon, (Ret.) and Hon. Stuart A. Nudelman, (Ret.), senior mediators and arbitrators at ADR Systems. Together, Judges Hanlon and Nudelman bring more than 65 years of combined […]
Read MoreI want to thank you on behalf of my client and me, and especially thank Judge Casciato, who did such an excellent job getting our case settled during a remote Zoom mediation. I always recommend ADR Systems and your great mediators to attorneys who ask me. In fact, in my judgment, your firm put alternative dispute resolution (ADR) on the map in Illinois. ADR Systems provides a cost-effective means of resolving lawsuits in a mutually satisfactory manner. Keep up the excellent work!
Mark P. Standa, Esq.Mark P. Standa, P.C.
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