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Office Location: Chicago, Illinois
Email: lrcurcio54@gmail.com
Website: https://www.adrsystems.com/neutral/hon-lisa-r-curcio-ret/
Law School: Loyola University of Chicago (J.D. 1989)
Types of ADR services offered: Mediation, Arbitration, Neutral evaluation
Affiliated ADR organizations: ADR Systems
Geographic area served: Illinois
A: I was a judge in the Circuit Court of Cook County, Illinois for over 15 years. I regularly conducted settlement conferences in the cases that were before me.
Q: What percentage of your current legal practice is spent on ADR work?
A: 100%.
Q: Describe your background and experience mediating construction cases?
A: For the last eight years of my judicial career I was assigned to a call dedicated to Mechanics Lien cases, which, of course, involved all aspects of construction disputes. Since retirement in April, 2018, I have focused my mediation practice on construction cases.
Q: What should attorneys and their clients take into consideration when selecting a mediator?
A: Experience, legal and subject matter knowledge, recommendations of other attorneys and of case administrators.
Q: Do you have any practices that you find make you particularly effective as a mediator?
A: Mediation is a process, not an event. Successful mediation requires early communication with attorneys and their clients to learn about their positions, claims and issues, potential barriers to settlement, and whether they have enough information to have an effective mediation session. I use these communications to help set expectations and make a plan for the in person mediation session. I follow up on my cases that do not settle at the mediation session.
Q: What can attorneys do to best position their clients for a successful mediation outcome?
A: Prepare them for the process. Help them understand that the mediator is a neutral and will not be deciding the case. Work through an objective risk/benefit analysis.
Q: What experience do you have arbitrating construction cases?
A: Since retiring from the bench, I have arbitrated multi-party and two party construction disputes involving contractors, design professionals and owners.
Q: What should attorneys and their clients take into consideration when vetting and/or selecting an arbitrator?
A: Legal and subject matter knowledge. I recommend consulting with others who have knowledge of the arbitrator.
Q: What factors should parties consider when deciding whether to opt for a single arbitrator or a panel?
A: Cost, efficiency, need for multiple perspectives.
Q: What measures do you take as an arbitrator to ensure arbitration is less costly and more efficient to litigation?
A: I require parties to comply with rules designed to use only necessary discovery and rules of evidence, encourage cooperation in implementing the rules, and limit motion practice to motions designed to narrow issues or that are based upon only legal questions.
Q: What limits do you place on discovery in the arbitration context?
A: Discovery should be tailored to the dispute. Simple two-party cases can be arbitrated with basic document exchange and very limited depositions. Complex disputes might require more formal document production with considerations of ESI, targeted fact depositions, experts, and third-party discovery. It is incumbent on the arbitrator(s) to work with the parties to determine what discovery is really needed for a fair but cost and time efficient resolution.
Q: What are some of your interests or hobbies?
A: I am an avid boater.
