How Is Commercial Mediation Used in Illinois?
Direct Answer
Commercial mediation is common in Illinois, especially in Chicago, where courts and ADR providers handle complex business, real estate, construction, employment, and shareholder disputes.
Illinois, and particularly Chicago, is a major center for commercial mediation in the Midwest. The Cook County Circuit Court's Chancery Division and Law Division have active ADR programs, and most complex commercial cases are referred to mediation before trial. JAMS, AAA, and the CPR Institute are the primary providers for complex commercial mediation in Illinois. The Chicago Bar Association's ADR Committee and the Illinois State Bar Association's ADR Section are active in promoting commercial mediation. Common business disputes mediated in Illinois include commercial real estate disputes (particularly in the Chicago market), construction defect and delay claims, technology and intellectual property disagreements, financial services disputes, and partnership and shareholder disagreements. Illinois's unique legal landscape includes the Illinois Business Corporation Act, the Illinois Limited Liability Company Act, and the Illinois Franchise Disclosure Act — all of which generate disputes that are frequently mediated. The Illinois Human Rights Act (775 ILCS 5/) covers a broader range of protected classes than federal law and generates significant employment mediation activity. Illinois's Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/) is also a frequent basis for commercial claims that are mediated.