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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ADR Systems has released its Commercial Settlement Report for May 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 May 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 construction accident, negligence, product liability and wrongful death cases settled by Hon. John P. […]
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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 […]
Read MoreADR Systems has released its Commercial Settlement Report for April 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 April 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 negligence, wrongful death and medical malpractice cases settled by Hon. John P. Callahan, Jr., (Ret.), […]
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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 […]
Read MoreADR 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.
Read MoreADR 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 MoreOur mediation using videoconferencing was convenient and effective – we settled! Judge Casciato gained the party's trust and confidence while deftly guiding us through the negotiation process via a videoconference. With the use of virtual breakout rooms, Judge Casciato was able to spend private time with everyone. This remote mediation worked well for us and I would not hesitate to use it again.
Carl Salvato, PartnerSalvato, O'Toole & Froylan
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