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.
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Most 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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Hon. Robert E. Senechalle, Jr., (Ret.), senior mediator and arbitrator at ADR Systems, recently published an article with the Chicago Daily Law Bulletin. His article, Special Interrogatory Retains its Important Role in Litigation, explores why the use of special interrogatories remains a useful tactic for trial attorneys despite recent changes to the statute governing them.
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Hon. Christopher E. Lawler, (Ret.), senior mediator and arbitrator at ADR Systems, recently published a Letter to the Editor in the Chicago Daily Law Bulletin.
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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.
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Hon. Mitchell L. Hoffman, (Ret.), senior mediator and arbitrator at ADR Systems, recently published an article with the Chicago Daily Law Bulletin. His article, Confidential Evaluations Aim to Help Judges Improve, explores his experience as a judicial performance evaluation facilitator and the important contribution attorneys make to the review process.
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Our neutrals settle substantially all the mediated cases brought before them, but that does not mean that all cases are easy to settle. Sometimes, a difficult case comes along in which our neutrals must take a non-traditional approach as they facilitate settlements, think inventively and go the extra mile to serve our clients. Here’s how […]
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Remote and in-person alternative dispute resolution (ADR) are two sides of the same coin. Many mediators—our panel of neutrals included—have been resolving personal injury, commercial and family law disputes through both formats for several years now.
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Hon. Michael J. Powers, (Ret.) and Hon. Stuart A. Nudelman, (Ret.), senior mediators and arbitrators at ADR Systems, recently participated in a panel discussion on their post-judicial careers in alternative dispute resolution for a joint event hosted by the Illinois State Bar Association and Illinois Judges Association.
Read MoreMediation is a popular alternative to expensive, drawn-out litigation, but many attorneys do not know how to prepare a client for mediation.
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A mediation/arbitration step clause provides for mediation prior to arbitration. Parties contractually commit to mediating their dispute before arbitration can commence. This gives the parties a chance to resolve the matter or narrow the issues in mediation before the arbitration is commenced.
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Hon. F. Keith Brown, (Ret.), senior mediator and arbitrator at ADR Systems, and Michael Koss, ADR Systems’ former Business Development & Marketing Associate Manager, recently published a two-part series in the Chicago Daily Law Bulletin that reviews ethical obligations and best practices for representing clients in technology-competent ways.
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Hon. Margaret A. Brennan, (Ret.), senior mediator and arbitrator at ADR Systems, recently published a Professional Perspective article with Bloomberg Law.
Read MoreI think I speak for everyone when I say that we could not have settled this case without the tremendous efforts of Judge Brown. He was so kind to my clients and he really helped them through this difficult process. His thoughtful approach and his incredible tenacity really made the difference in this case. We were very lucky to have him as our mediator and we look forward to working with Judge Brown again very soon.
Adria East Mossing, PartnerMossing & Navarre, LLC
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