Arbitration/Mediation

Retired Judge Kenneth Abraham heads DiTommaso Lubin Austermuehle's arbitration and mediation practices. Arbitration and mediation may provide the following benefits over traditional litigation: (a) dispute is resolved in weeks not years; (b) more cost-effective; (c)confidentiality may be preserved.

Arbitration is a private contractual dispute resolution process that is often more efficient than litigation. With more than 160 hours of dispute resolution training, Ken brings an extensive background of practical experience to DiTommaso Lubin Austermuehle's arbitration practice. Having served as Supervising Judge of the Mandatory Arbitration program in the second-largest court system in the State of Illinois for more than 7 1/2 years, Ken has trained and supervised more than 400 attorneys who serve as arbitrators, and is currently a certified arbitrator with the American Arbitration Association and the Eighteenth Judicial Circuit Mandatory Arbitration program. Not only is prompt dispute resolution his goal, but convenience to the parties is also paramount. The arbitration hearing may be conducted at our location or one chosen by the parties.

Mediation is a non-binding process where the neutral (mediator) assists the parties and their counsel in resolving conflict. This can be accomplished by facilitating resolution through narrowing disputes and exploring common ground, or by evaluating and testing the viability of each party's potential for success if the dispute proceeds to court. Occasionally, a combination of both techniques is necessary to achieve a successful outcome.

In addition to these benefits, mediation can: (1) allow the parties and their attorneys to participate in the solution as oopposed to one imposed by an arbitrator or judge; (2) remove uncertainty of litigation; (3) aide all parties by drafting agreements to preserve confidentiality and outlining other parameters which may lead to future litigation (e.g. non-compete clauses, business dissolution procedures, etc.).

DiTommaso Lubin Austermuehle can provide experienced mediators to meet the needs of your business and has extensive experience in mediations involving large multi-state class actions and complex commercial cases. During his tenure as Supervising Judge of Mediation, Ken Abraham has trained dozens of mediators, has been a guest on cable television programs exploring the benefits of mediation, and was on the faculty of the International Conference of Conciliation Courts. While a judge, he initiated Pilot Project mandating mediation of automobile accident cases requiring insurance adjusters to attend. During the first year of the program, Ken successfully resolved over 325 cases through mediation, many of them within two months after suit was filed. The success of that Pilot Project has led the Circuit Court to continue that program through adoption of a court rule. He now brings that experience to meet your needs both prior to institution of litigation or during litigation.

Vincent DiTommaso has many years of experience successfully mediating complex business and large multi-state class-action disputes on behalf of clients and as a mediator. He was one of the first attorneys selected by the Chief Judge of DuPage County to be certified as a Court Appointed Mediator. For over a decade, he has successfully mediated commercial cases and has an extremely high settlement rate. In addition, he is in demand from leading class-action law firms around the country to act as lead counsel to mediate large settlements. DiTommaso also conducts mediation training seminars for DuPage County Judges.

Read Press Coverage of our Mediation Services