Office Location: Chicago, IL
Email: kflorey@robbins-schwartz.com
Website: https://www.rsnlt.com/attorneys/kenneth-m-florey/
Law School: DePaul
University (JD 1992)
Types of ADR services offered:
Mediation, Arbitration, Project Neutral
Affiliated ADR organizations:
AAA Panel of Arbitrators and Mediators
Geographic
area served: Nationwide
Q:
Describe the path you took to becoming an ADR neutral.
A: I’ve been involved in construction litigation my entire career as an attorney, going on 30 years. After being an advocate for all sides to these disputes (owners, contractors, and design professionals), I recognize the immense value of ADR to clients and decided to start shifting my litigation experience and skills to the neutral realm as an arbitrator and mediator.
Q: Mediators are oftentimes described as
“facilitative,” “evaluative,” or “transformative.” Do you have a style?
A: My mediation style is a blend of facilitative and evaluative depending on the parties’ preferences and the flow of the mediation. I usually start in the facilitative mode and, if the parties are unable to reach a settlement, shift to an evaluative mode until we reach a settlement during or, if needed, after the mediation session is over.
Q:
What should attorneys and their clients take into consideration when selecting
a mediator?
A: It is critical to select a mediator based on: (1) their experience in the specific litigation subject matter, particularly with construction litigation and (2) the parties’ preferred mediator’s style.
Q:
Do you have any practices that you find make you particularly effective as a
mediator?
A: My most effective practice as a mediator is communicating with the parties both before the mediation and after, if a settlement is not reached during the mediation session. If the parties agree, after an unsuccessful mediation session, I will continue working towards a resolution, with calls, emails and texts, until the parties reach a settlement.
Q:
When do you recommend parties in a dispute attempt mediation?
A: This is the most common question I receive and is routinely included in my presentations. The answer is that it depends upon the unique circumstances of each dispute. In my experience, the most effective mediation occurs when the parties are at the summary judgment phase. However, depending on the complexity of the case, the contract requirements and the clients’ resources and goals, mediating earlier can also often lead to a successful resolution.
Q: Are virtual mediations as effective as
in-person mediations? What are their advantages/limitations?
A: Prior to COVID, I would have said, no, you need to be in person, but many mediations are still remote with many times parties, their attorneys and the mediator participating from the comfort of their respective offices, often across the country.
Q: What are some of your interests or
hobbies?
A: Outside of my legal career and family life with our four children, I enjoy reading, community involvement, and doing in triathlons.
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