Hon. Brigid M. McGrath, (Ret.), senior mediator and arbitrator at ADR Systems, was recently featured as a panelist at the Attorneys’ Liability Assurance Society’s (ALAS) Annual General Meeting, held at the Greenbrier in While Sulphur Springs, West Virginia on June 12, 2025. The panel included two litigators, Judge McGrath (a former Cook County Judge) and another neutral who was formally a federal judge.

Through a series of case vignettes, the panel illustrated how a legal malpractice claim might unfold in both litigation and arbitration. After each scenario, the panelists shared their perspectives on the strategic and procedural differences between the two forums.

Judge McGrath emphasized that arbitration offers advantages in speed, cost, privacy and, when agreed to, confidentiality, particularly in high stakes matters involving a lawyer’s professional reputation. “You give up almost all of your appeal rights in arbitration, but what you gain is confidentiality and a faster path to resolution.”

She also noted that an arbitrator’s background and legal experience can shape the resolution of legal malpractice cases. Unlike jurors – who may rely on media portrayals or limited personal exposure to the legal system – arbitrators who are former lawyers have firsthand knowledge of legal practice. That familiarity often translates to a more practical understanding of what constitutes a reasonable standard of care, producing evaluations that reflect the realities of practicing law. As a result, lawyers involved in legal malpractice disputes are evaluated in context, with attention given to the complexities of their roles and responsibilities.

“Arbitrators tend to be more attuned to the realities of legal practice and are more likely to hold lawyers to a true legal standard of care,” said Judge McGrath. This perspective is especially important because outcomes in these disputes hinge on subtle questions of judgement and professional norms.

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Hon. Brigid M. McGrath, (Ret.) has handled complex commercial and personal injury case types throughout her 34-year legal and judicial career, including construction defect, legal malpractice, medical malpractice, insurance coverage and product liability matters. As a senior mediator and arbitrator, she is skilled at diffusing conflict and identifying root causes of disputes. Counsel know Judge McGrath will prepare thoroughly for every case and work diligently toward resolution.

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