NEWS RELEASE

Mediation Backed For Civil Rights Cases

CHICAGO-Eight cases have been selected to start a mediation program in the United States District Court here in an attempt to settle civil rights cases alleging police excessive force and other official misconduct.

The City of Chicago and representatives of the plaintiffs' bar have agreed to the trial program with the court. The mediation program itself was developed by the Center for Employment Dispute Resolution and its founder, Lamont E. Stallworth, a professor at Loyola University Chicago.

"We have put a lot of effort and time into this program, and I am keeping my fingers crossed that it will be a success. In either event, we will learn a lot from it and, if it works, we will be able to divert some of these cases into productive mediation and resolution," said U.S. District Judge Robert W. Gettleman, who spearheaded the court's involvement.

Chief Judge Marvin E. Aspen noted that the program "adds another piece to the court's menu of alternative dispute resolution efforts," such as the Lanham Act plan for trademark disputes and case referrals to specially trained judges of the local U.S. Bankruptcy Court.

The program targets cases that allege excessive force by police, false arrest or detention and other similar purported misconduct. After a case is filed with the District Court, the parties could request up to a 90-day stay to attempt mediation. Limited discovery would be allowed. The sides would pick a mediator from a list of such professionals maintained by the Center for Employment Dispute Resolution. The Court's ADR rules would apply, offering confidentiality and judicial enforcement of settlement agreements.

"The idea is to settle the less dramatic cases before both sides get entrenched in their positions and the cost of litigation escalates," Gettleman said.

City Corporation Council Mara Georges identified eight cases thought to be suitable for mediation. Those are currently being scheduled for mediation, said Stallworth.

"The city is willing to mediate any case plaintiffs' attorneys are willing to mediate. Both sides have to be given credit for moving in this direction," said Stallworth.

Attorney Edward Stein of Chicago, who represented plaintiffs' attorneys in developing the project, said mediation offers the possibility of "quick resolution to our clients' complaints, no protracted litigation, keeps the client from constantly revisiting the incident and avoids the experience and expense of trial." Attorneys would benefit by being able to handle more cases and hopefully "ease somewhat" the tension that currently exists between them and the Corporation Council's office.

"This is a whole new mind set. The legal community in Chicago has not embraced ADR as it has been elsewhere," said Georges. "If this succeeds, that is the case is resolved or isn't but we understand why, we'll be very happy."

Talk of expansion has already begun. The Cook County State's Attorney's office is considering the program for use in its excessive force, unlawful detention and denial of medical treatment cases arising in the county sheriff's department, said John Ouska, supervisor of the torts and civil rights sections of the state's attorney's office.