July Mediation News from Thomas P. Valenti, P.C.

Thomas Valenti, P.C.

July 2009

July Mediation News
From Thomas Valenti, P.C.

What is Mediation?

Mediation is a process in which a neutral and impartial third party (the mediator) facilitates communication between negotiating parties which may enable them to reach an agreement. Mediation is an efficient and cost effective method for the resolution of both simple and complex cases.

Early Settlement Conference Program Comes to Chicago

The judges of the United States District Court have announced a court-wide Early Settlement Conference Program to assist litigants in minimizing costs. Chief Judge James F. Holderman stated that the idea for the Early Settlement Conference Program came from the court's magistrate judges, particularly Magistrate Judge Morton Denlow, to assist litigating parties in reaching amicable resolution of their federal cases.

The Early Settlement Conference Program procedures can be initiated either by: (1) the district judge to whom the case is assigned; or (2) counsel for the parties after conferring with one another about settlement. When the assigned district judge initiates the Early Settlement Conference Program, that judge will send a "Notice to Plaintiff's Counsel of Early Settlement Program" through the Electronic Case Files system. Plaintiff's counsel is then requested to contact defense counsel within 14 days, if plaintiff's counsel knows the identity of defense counsel, or within 14 days of defense counsel filing an appearance in the case. If both sides believe that early judicial involvement may assist settlement, they are to complete and file a "Request for Early Settlement Conference" form in the case, and a conference with the district judge or the assigned magistrate judge will be arranged.

If both sides' attorneys desire to initiate an early settlement conference on their own, they may complete and file a "Request for Early Settlement Conference" form in their case and a conference will also be arranged. The "Request for Early Settlement Conference" form is available on the district court's website in the "Attorney Forms" category at:

http://www.ilnd.uscourts.gov/home/Onlineforms.aspx?tab=2

Chief Judge Holderman stated: "Many civil cases filed in our court are resolved by settlement. We believe the Early Settlement Conference Program will further assist the settlement process, by initiating a settlement dialogue early in the case, and having judicial involvement earlier in the litigation process than has been done before in the past. Our hope is that this Program will minimize the expenses and costs necessary to resolve the litigation initiated in our court."

"Anyone can become angry. That is easy.
But to be angry with the right person, to the right degree, at the right time, for the right purpose and in the right way...
that is not easy.

~ Aristotle

Kansas City, Missouri, Eliminates Mediation and Dispute Resolution Services

Kansas City, Missouri, officials recently ended the city's Mediation and Dispute Resolution Services program due to budget constraints. According to Missouri Lawyers Weekly, the program mediated cases for free and handled up to 800 disputes each year, including cases referred by the local courts. In the Missouri Lawyers Weekly article, other mediation service providers in Kansas City predicted that the loss of the program would increase demand for their services, which are already at capacity.

For more information about the Kansas City program, click here. Read the city's press release about the cancellation of the program here.

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