Most mediations resolve in a single session, but a handful do not. Some cases have pending motions, need more time for discovery or for the parties to reflect. Neutrals at ADR Systems treat mediation as a process, not just a single event. When a matter doesn’t settle on day one, our mediators remain engaged, helping counsel and clients move towards resolution even after the session ends. In the rare instance a matter does not settle within the initial session, our mediators will conduct follow up by identifying next steps for the parties, encouraging active communication and maintaining an optimistic mindset.

Next Steps

In many cases, the mediator’s role after the session is just as important as during it. If a case does not settle after the first session, our mediators guide parties toward resolution. They ensure no momentum is lost by helping the parties to identify the next steps in the settlement process.

“Sometimes when you do a mediation, you learn what needs to happen to get it settled in the future,” said Hon. Larry G. Axelrood, (Ret.), senior mediator and arbitrator at ADR Systems. “During the initial session, not only do we mediate, but we set the foundation to actually get it done and provide a roadmap to settlement.”

Regardless of the reason why achieving a settlement might need more time, Judge Axelrood said his job as a mediator is to periodically check in, be tenacious and keep the parties on track, however long that may take.

Active Communication

Trust, patience and especially communication — the three pillars of mediation –  continue to play a vital role after the initial session concludes.

“Conversation is key to any settlement,” said Hon. Christopher E. Lawler, (Ret.), senior mediator and arbitrator at ADR Systems. “As long as there’s active communication, there’s a chance for the case to settle.”

In the rare instance a matter does not resolve during the first session, Judge Lawler ensures that all participants understand the process is still underway. He expresses to both sides that he will facilitate continued negotiations with frequent follow up.

Rather than viewing follow up as an afterthought, Judge Lawler treats it as a strategic extension of the mediation itself. He remains actively engaged with counsel and often identifies new avenues for resolution that emerge after time and reflection.

“If parties are seizing the opportunity to explore mediation, it is rare that their case will not settle,” Judge Lawler emphasized. “With persistence and active communication, resolution is almost always in reach.”

Optimistic Approach

One of the most effective tools our neutrals bring to follow up is optimism. A positive, forward-looking mindset not only motivates parties to stay engaged in the process, but also helps counsel maintain momentum after a mediation session ends without resolution.

Hon. Marguerite A. Quinn, (Ret.), senior mediator and arbitrator at ADR Systems, emphasizes that optimism is not just a personal trait – it is part of an overarching approach in mediation.

“In follow up I remain upbeat,” said Judge Quinn, noting that it is especially important when parties are deflated or frustrated. “Lawyers can feel discouraged when they don’t reach a settlement. It’s important that mediators stay optimistic and that sentiment is clearly conveyed to the parties.”

Judge Quinn also highlighted the unique value neutrals bring to this post-mediation role: “Counsel may forget that mediators are great tools to get a message or idea to the other side. We are neutral, and we can convey your message in a succinct and optimistic way. We are an impartial conduit of hope for a settlement.”

Final Thoughts

In the unlikely event your case does not settle within the first mediation session, our neutrals keep parties moving forward by identifying the next steps in the settlement process. They actively communicate with counsel through periodic check-ins, reinforcing progress made in the initial session and promoting productive dialogue. Moreover, our mediators approach follow up with an optimistic mindset – one that encourages parties to stay engaged and reminds them that progress is still being made.

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Hon. Larry G. Axelrood, (Ret.) has extensive experience with medical malpractice, nursing home, railroad, legal malpractice, premises liability, construction and personal injury matters. Judge Axelrood is known for his ability to easily connect with and understand the interests of all parties.

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Hon. Christopher E. Lawler (Ret.) has more than 33 years of experience in personal injury and commercial matters as a respected litigator and sought-after pretrial judge. As a jurist, he pretried over 1,200 cases, handling some of the largest cases in Cook County history. Judge Lawler applies his legal knowledge and his experience from decades of community involvement to his mediations and arbitrations. His volunteer service has given him important insight into the needs of a wide variety of people, helping him to better facilitate the resolution of disputes.

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Hon. Marguerite A. Quinn, (Ret.) brings 38 years of legal experience to her role as a senior mediator and arbitrator. On the bench she presided over both commercial and personal injury cases, including one of the largest toxic tort cases in Cook County. She values patience when working with parties to resolve disputes and urges everyone involved in her mediations to intentionally listen to each other.

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ADR Systems, It’s Settled. ®

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