My interest in mediation grew from experience as a "consumer" of mediation services. After working for a year as a law clerk to a U.S. Supreme Court Justice, I spent the next 13 years practicing business and commercial litigation with Sidley & Austin in Chicago, as an associate and for eight years as a partner. During the following 32 years, I continued that litigation practice in Indianapolis and Indiana, largely with McTurnan & Turner.
Over the years business, procedural and market factors have combined to make business litigation cases substantially more invasive, complex and expensive. Settlements on the court house steps, so to speak, became even less cost effective and practical for all parties and the courts.
As a result, non-binding mediation has become a very common part of the resolution process because it offers among other things:
- The likelihood in business litigation matters of substantially earlier resolutions and larger cost savings;
- A confidential process, not exposed to the public or media; and
- Control for each party to avoid the risks of what it considers unacceptable or too harmful possible results from an adverse court or jury decision on liability and/or damages.
In addition to court rules or orders requiring mediation before trial, more parties are voluntarily initiating non-binding mediation either before or after suits are filed.
Having experienced the challenges and substantial benefits of mediation for the parties, I decided to provide an independent mediation service focused on the areas in which I have had experience.