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 […]
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It’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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ADR Systems has released its Commercial Settlement Report for March 2026, which features a sample of complex commercial cases recently settled by our mediators. Review the report now.
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ADR Systems has released its Personal Injury Settlement Report for March 2026, which features a sample of unique personal injury cases settled by our mediators in the previous month. Review the report now. Case Types, Neutrals & Claims This month’s report features auto liability, medical malpractice, railroad crossing, signage and trucking negligence cases settled by Hon. […]
Read MoreMany employers know that mediation is well suited to settling employment disputes involving discrimination, harassment, whistleblower and wrongful termination claims. Yet few employers consider adding mediation clauses to employment agreements. “To address potential disputes, employers should consider building a mediation clause into an employment agreement because it creates a path for dispute resolution and encourages […]
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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 […]
Read MoreADR Systems has released its Commercial Settlement Report for February 2026, which features a sample of complex commercial cases recently settled by our mediators. Review the report now.
Read MoreADR Systems has released its Personal Injury Settlement Report for February 2026, which features a sample of unique personal injury cases settled by our mediators in the previous month. Review the report now. Case Types, Neutrals & Claims This month’s report features auto liability, construction accident, medical malpractice, premises liability and wrongful death cases settled by Hon. […]
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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.
Read MoreADR Systems has released its Personal Injury Settlement Report for January 2026, which features a sample of unique personal injury cases settled by our mediators in the previous month. Review the report now. Case Types, Neutrals & Claims This month’s report features auto liability, product liability, premises liability and medical malpractice cases settled by Hon. Larry G. […]
Read MoreADR Systems has released its Commercial Settlement Report for January 2026, which features a sample of complex commercial cases recently settled by our mediators. Review the report now.
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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 […]
Read MoreJudge Hanlon worked tirelessly to settle a case in which I represented two plaintiffs. She was able to get the case settled for one of the plaintiffs during the mediation. She then followed up numerous times with both sides to reach a settlement on the second plaintiff's case. Judge Hanlon is top-notch and one of the best mediators I have ever had the pleasure of working with on a case.
Mark J. Vogg, Esq.Law Offices of Thomas J. Popovich
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