Judge Perivolidis on Probate Mediation
This month's CBA Record features a short interview with Judge Arthur Perivolidis, who manages the Cook County Probate Division's pretrial mediation program (also known as Calendar 14). Here's what Judge Perivolidis has to say on the subject of probate mediation:
Approximately 90% of our cases settle. I sincerely believe that anything can be settled. You don't need to take 25 depositions and spend five years generating paper. The best file is a closed file. You can learn enough about the case to set the stage for settlement a lot sooner, and if you do, I think you'll have happier and more satisfied clients.
In a mediation conference, I usually start out by telling people, "I'm not here to force you to do anything. Mediation is communication. My job is to facilitate communication between you." It's confidential. People can say whatever they want. I allow parties to vent, if that's what they need to do. Many of these lawsuits are between family members, and sometimes the parties haven't spoken with each other for many years even though they're related. It's amazing what comes out when you give people a chance to speak freely, and giving people a chance to do that facilitates settlement.
Another benefit, especially in cases involving guardianship and visitation, is that if you settle a case before trial, the parties don't have to hang their family's wash in the courtroom. Mediation conferences are private. Parties can disclose things to me in confidence.
I truly believe that mediation and other forms of alternative dispute resolution (ADR) are incredibly important in the probate litigation process, and will become even more important in the future. My two frustrations are (1) lack of options for probate ADR (Judge Perivolidis seems like the only game in town) and (2) unwillingness on the part of other attorneys to engage in ADR. This second point exposes a rarely discussed (but inherent) conflict of interest for litigators, probate and otherwise -- the more protracted the case, the bigger the fee. And, since ADR's main purpose is to resolve disputes quickly and easily, more ADR means lower fees for the participants' attorneys. In my opinion, attorneys need to "get over it," and start putting their clients' best interests ahead of their own financial interests.
Regarding the second point -- I'm going to be obtaining my mediation certificate early next year, and if all goes as planned, will be able to offer mediation and other ADR services for probate litigants soon thereafter.
