Litigation can be a great way to solve problems, but not under all circumstances. When the situation calls for a quicker, less costly, more private or less combative way to resolve a dispute, businesses increasingly turn to alternative dispute resolution methods such as mediation and arbitration. Judges can also order parties into mediation or arbitration. Whether or not these proceedings are legally binding, it pays to have an experienced professional at the helm.

DiTommaso-Lubin is proud to have such a professional in Kenneth A. Abraham, who offers mediation and arbitration services as a dispute resolution specialist and of counsel to our firm. He is a retired Illinois state court judge with more than 160 hours of training in dispute resolution, as well as forty years of experience practicing law in Illinois. He is certified as an arbitrator by the American Arbitration Association and the Eighteenth Judicial Circuit Mandatory Arbitration Program, and has served on the faculty of the International Conference of Conciliation Courts. He served as Supervising Judge of mediation and arbitration in DuPage County courts for seven and a half years, during which he trained more than 400 attorneys as arbitrators and dozens as mediators. During that time, he also started a mandatory mediation program for auto accident cases, with required attendance by insurance adjustors, that was so successful that it was made permanent. He is a co-author of the arbitrator’s handbook for the Eighteenth Judicial Circuit and a former editor of the ADR Quarterly.

Judge Abraham believes that all parties can benefit by considering other options before proceeding to formal litigation. Mediation and arbitration are two of those options. In arbitration, both parties to the dispute agree to resolve it before a private judge with expertise in the law and the situation. This can be binding or non-binding. Like a judge, the arbitrator stays neutral and eventually hands down a judgment. Proceedings are similar to court proceedings, but in a private setting.

Mediation is also conducted in private, but a mediator’s job is to actively help parties come to an agreement. In some cases, that means the mediator helps find common ground between the parties, and uses that common ground to find a compromise that both parties can accept in order to end the dispute. In other cases, a mediator might evaluate and explain what each side’s prospects would be in a court of law, encouraging a settlement before the dispute can go to court. Mediation is popular in part because it allows parties to participate in the solution, which often makes them feel better about the solution they helped to reach. This also makes it less likely that they’ll go back to court.

In addition to Judge Abraham, we offer mediation by partner Vincent DiTommaso, who has many years of experience mediating business disputes and large class-action settlements. In 1996, he was one of the first attorneys selected to be trained as a certified mediator by the DuPage County courts, and has in turn given seminars to train other mediators. As a mediator, he has conducted successful mediations of numerous complex business cases, resulting in one of the highest settlement rates for mediated cases in DuPage County. Because of this experience, he has also served as a leader in mediating large settlements of several class-action cases around the country, involving incorrect late fees charged by cable television companies.

Taking the dispute out of court offers several advantages over traditional court cases. Mediation and arbitration can be conducted without the delays caused by overworked court system, and it can also be less expensive. Leaving court means the parties can meet at the time and place most convenient for everyone, and parties with a technical or very specific dispute can “shop” for a mediator or arbitrator with experience in the required area of law. Resolving the case without a jury removes some of the uncertainties of a formal court case. And of course, mediation and arbitration is conducted out of the public eye.

If your business is considering mediation or arbitration to resolve a dispute, or is already involved in it, DiTommaso-Lubin can help. Our Chicago business attorneys have extensive experience in Illinois business law, including the laws regarding shareholder and partnership disputes, consumer litigation, closely held and family business matters and more. From offices in Oak Brook, Ill. and Chicago, we represent clients throughout Illinois and the Midwest. To learn more or set up a meeting, please send us a message online or call us toll-free at 1-877-990-4990.