Jim Harkness to Speak at Alternative Dispute Resolution (ADR) Committee Meeting


Alternative Dispute Resolution (ADR) Committee Meeting, ARC, DuPage County Courthouse, ARC, Third Floor, Wheaton, IL at Noon on Tuesday, January 5, 2016.

I. Welcome/ Introduction

II. Speaker: This month's speaker will be Jim Harkness from Momkus LLC.

Discussion: The focus of the Committee Meeting and speaker's comments, will be the wide and effective uses of alternative dispute resolution and how alternative dispute resolution, including varying mediation formats, can be used as both an evaluative and facilitative tool to bring parties to resolution in varying cases aside from mandatory arbitration proceedings or judicial pre-trials. Interactive questions and comments are welcome, and the discussion will focus the practitioner on unique and successful incites, citing examples of specific cases that appeared to be intractable but were successfully resolved.

III. Meeting Materials: Several resources are supplied courtesy of the Honorable Morton Denlow (Ret.) who joined JAMS following 16 years of distinguished service as a Magistrate Judge for the United States District Court for the Northern District of Illinois. During his time on the bench, Judge Denlow presided over thousands of civil and criminal matters in both the pretrial and trial stages. He conducted over 2,000 settlement conferences and tried a number of bench trials in complex commercial cases where the parties consented to his jurisdiction.

Judge Denlow is a nationally recognized expert in settling cases. He is a sought after speaker and writer on mediation and settlement techniques. As a faculty member of the Federal Judicial Center, he taught hundreds of federal judges mediation skills and effective impasse breaking techniques. Judge Denlow is known as a creative problem solver who will not rest until a case is settled. During his first two years at JAMS, he achieved settlements totaling over $425 million, including 53 settlements of $1 million or more.

Prior to his appointment to the federal bench on March 1, 1996, Judge Denlow was actively engaged for 24 years as a trial and appellate lawyer in complex commercial litigation, including 10 years as an active arbitrator and mediator. His breadth of experience as an advocate, attorney neutral, and a settlement-focused judge makes him an ideal choice to mediate complex cases. (See, http://www.jamsadr.com/denlow/)

A. Sample Mediation Agreement (Binding), James S. Harkness;

B. Hon. M. Denlow, "Settlement Conference Techniques, A Judge's Opening Statement," THE JUDGES' JOURNAL: vol. 45, no. 2, Spr. 2006;

C. Hon. M. Denlow, "Top Ten Ways To Prevent Settlement:"

D. Hon. M. Denlow, "Steps To An Effective Settlement Conference: Before You Come To The Table:"

E. Hon. M. Denlow, "Steps To An Effective Settlement Conference: At The Table;"

F. Hon. M. Denlow, Judge's Settlement Checklist/Term Sheet, Court Review: Fall 2002;

G. Hon. M. Denlow & J. Shack, "Judical Settlement Databases: Development and Uses," THE JUDGES' JOURNAL: Winter 2004;

H. Hon. M. Denlow, "Concluding A Successful Settlement Conference: It Ain't Over Till It's Over," Court Review: Fall 2002;

I. Breaking Impasses in Settlement Conferences: Five Techniques for Resolution, The Judges' Journal, published by of the American Bar Association Judicial Division, at p. 4, Fall 2000; and,

J. Mediation of Commercial Disputes: A Useful Tool for Trial Lawyers and Their Clients, Chicago Bar Record, published by the Chicago Bar Association, at p. 30, September, 1995; and in the Dispute Resolution Journal, published by the American Arbitration Association, at page 79, October-December 1995.


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