Mediator Resume

Retired Illinois Supreme Court Justice having served over 30 years as a judicial officer at every level of the judiciary. Experienced in resolving a variety of complex issues in areas such as contract interpretation, insurance, corporations, utilities, and privacy.

Schwartz Jambois - Of Counsel / Independent Arbitrator / Mediator, Attorney

Attorney, Retired Illinois Supreme Court Justice

Arbitrator/Mediator/Attorney, Schwartz Jambois, Of Counsel, 2022-Present; Illinois Supreme Court Justice, 2020-2022; Illinois Appellate Court Justice, 2008-2020; Circuit Court Judge, Circuit Court of DuPage County Illinois, 2001-2008; Associate Judge, Circuit Court of DuPage County Illinois, 1992-2001; Assistant States Attorney, DuPage County State’s Attorney’s Office, 1984-1992.

During a distinguished career as a prosecutor and trial court judge spanning over 24 years, conducted countless jury and non-jury trials, motions, and evidentiary hearings. Spent over 14 years in courts of review, including the Illinois Appellate Court and the Illinois Supreme Court, confronting a variety of civil law issues cutting across numerous industries. These issues included contract interpretation, general business matters, corporate disputes, insurance claims, utility rates, labor and pension concerns, real estate, biometric privacy, and personal injury. Contract interpretation cases involving: government contracts; breach of contract; implied contract; unjust enrichment; quantum meruit; recoverable damages; settlement agreements; and anti-reliance and release provisions. General business matters involving: workers compensation; joint ventures and limited partnerships; the Uniform Commercial Code; consumer fraud allegations; class actions; mechanics liens; and lien priorities. Corporation cases involving: governance and succession; corporate successor liability; shareholder derivative lawsuits; evaluation and distribution of stock options; breach of fiduciary duties; misuse of corporate assets; and usurpation of corporate opportunity. Insurance cases involving: duty to defend or indemnify under life, property, and casualty policies (across several industries including commercial, agricultural, healthcare, and real estate); unreasonable delay in settlement; preservation of evidence; contribution and subrogation claims; reinsurance; condominium coverage; and the authority of the Department of Insurance to resolve premium disputes. Utility cases involving: electric and gas ratemaking; renewable energy credits; and issues surrounding the implementation of smart grids. Labor and pension cases involving: the interpretation of collective bargaining agreements; unfair labor practices; wage disputes; employee disciplinary proceedings; retaliatory discharge; the determination of disability eligibility and insurance coverage under certain pensions; ERISA preemption; and the review of arbitration awards. Real estate cases involving: escrow and commission disputes; lease disputes; condominium governance; and foreclosure and forcible entry and detainer. Biometric privacy cases involving: standing to sue; what are recoverable damages; and statute of limitations issues. Injury cases involving: the determination of the appropriate duty of care; various causation issues; calculation of damages including punitive damages; medical and legal malpractice; negligent hiring and retention; respondeat superior and implied authority; wrongful death; and institutional negligence. Currently serve on the American Arbitration Association’s Judicial, Commercial, Consumer and Appellate Panels. Served on the faculty of the Illinois Judicial Education Conference and the National Institute for Trial Advocacy. Published in the Illinois Bar Journal.

During 16 years as a trial court judge, engaged in settlement negotiations with attorneys and parties in a variety of cases.

Mediation should consist of a fair, professional, and civil proceeding aimed at assisting the parties in resolving their dispute. The mediation process is focused on the needs, attitudes, and perspectives of the parties. The parties are the individuals or entities who must live with the ultimate outcome and they must leave the proceeding feeling that they have been heard. I expect the participants to present me with a complete and fair picture of the dispute. The parties can expect me to be well prepared, patient, and to control the mediation process in a fair and efficient manner.

Familiar with various platforms for remote hearings. Willing to conduct arbitration and mediation sessions virtually.

The John Marshall Law School (now UIC Law School; J.D., with highest distinction - 1984); Northern Illinois University (B.S., magna cum laude - 1980).

Admitted to the Bar: Illinois (1984).

Illinois Judges Association (Co-chair, Emeritus Council); Illinois State Bar Association.

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English

United States of America

Elmhurst, Illinois