DuPage County Arbitration and Mediation Lawyers
Experienced Alternative Dispute Resolution Attorneys in Illinois
A trial is not the only means by which to settle a legal dispute. Sometimes, due to the value of the case, the parties involved or other factors, a courtroom is not the best place to resolve a legal conflict. Other times, contracts or court rules or orders require the parties to attempt alternative dispute resolution (ADR) prior to trying their case in a court of law.
Alternative dispute resolution, including formal arbitration (binding and non-binding), third-party mediation and counsel-mediated negotiation can be highly effective. Momkus McCluskey LLC’s litigation attorneys have arbitrated many cases and some serve on arbitration panels.
Our litigation team includes two senior attorneys, James F. McCluskey and James S. Harkness, who contributed to the Arbitration Manual for DuPage arbitrators and acted as the Chairmen of the Alternative Dispute Resolution Committee. In your dispute, you can have the confidence that our team helped “write the book.”
Arbitration and Mediation in Business Disputes
Arbitration or mediation can be particularly helpful for resolving complex commercial disputes wherein it is important to preserve relationships and avoid a costly litigation process. At Momkus McCluskey LLC, we are a business-oriented firm with in-depth knowledge of all aspects related to commercial legal matters. Our business law and commercial litigation groups work closely with our clients to develop the most practical solution to resolve their dispute based on their needs and goals. In many cases, alternative dispute resolution is highly preferable to trying the matter in court.
We represent clients in arbitration and mediation proceedings for a wide range of business disputes, including:
- Banking and Financial
- Contract Disputes
- Commercial Landlord-Tenant Disputes
- Construction Disputes
- Manufacturing Disputes
- Partnership and Shareholder Disputes
- Trade Secret Disputes
There are some significant differences between arbitration and mediation. Arbitration is a more adversarial process involving a neutral arbitrator (or panel of arbitrators) selected by both parties to hear evidence and (in most instances) decide the case. The proceeding is generally more relaxed than litigation. Parties choose either binding or non-binding arbitration. In binding arbitration, the decision rendered by the arbitrator is final. In non-binding arbitration, it is usually just an advisory opinion.
Mediation is a process by which the parties agree to resolve their differences without litigation or arbitration and with the help of a neutral mediator. Unlike arbitration, the mediator has no power to rule on the dispute; he/she is there to encourage open communication and help the parties work out an amicable settlement. In mediation, the law and the facts of the case are important, but they are not the determining factors in resolving the dispute. At the end of the day, both parties must be in agreement for the settlement to be binding.
For skilled representation with arbitration, mediation and other forms of alternative dispute resolution, contact Momkus McCluskey LLC today at 630-434-0400 for a consultation. We provide counsel and advice from our team of experienced civil and commercial litigation attorneys to communities in DuPage County, Chicago, Cook County, Kane County, Will County, Lake County, McHenry County, Kendall County, DeKalb County and throughout Illinois.