CHICAGO, IL - Fax: (815) 550-1062

(312) 405-7122

Email: jonathan@jarbitrate.com
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JONATHAN A. ROTHSTEIN
Mediator

MEDIATION

I have 35 years as an advocate and neutral in a broad range of disputes, with a focus on labor and employment matters.  I have worked for or represented employers, employees and unions in the public and private sectors, and in every employment setting, including manufacturing, health care, public administration, law enforcement, education and many others.  I have been an advocate, representing individuals and classes in employment, civil rights and other types of cases, but I have also been on the “front lines” as a union representative and director of employee and labor relations. Mediation has always been an important part of my professional practice – whether it has been resolving union negotiations, settling grievances, resolving class claims or individual employment disputes.  I have also successfully resolved cases at the appellate level using court-mandated mediation, as well as having worked successfully as a mediator in court-mandated mediation.


My approach.

My approach is primarily facilitative, though I will provide the parties with the benefit of my years of experience as an advocate and neutral in evaluating the strengths and weaknesses of their position.  That said, as a mediator I am not the judge, and I am not there to decide who is right or wrong nor to make judgments about what is or should be important to you in resolving your problem.


What is Mediation?

Mediation is a process of facilitated negotiation.  We are social animals, and getting along is sometimes a challenge.  As a result, life is full of conflicts or potential conflicts.  People have different needs and interests, and so must negotiate resolutions that preserve our social relations.  And these situations arise at home, in your neighborhood or community and in the workplace.  Sometimes people are able to successfully negotiate resolution of conflict, sometimes not.  Where people cannot reach agreement on their own, it is sometimes helpful to bring in a mediator to facilitate continued negotiation and assist the parties in determining whether a mutually acceptable negotiated resolution is possible.  No one surrenders their legal rights – if you can’t resolve the dispute, all of your other remedies (court, administrative, arbitration) remain available. See my Resume (pdf)


What is the role of the mediator?

My job is to help each side understand what is important for them to achieve in resolving the dispute, what is important to the other side, and to see whether the needs of both sides can be met in an agreement that works for everyone involved.  I also help each side to understand the strengths and weaknesses of their position as well as the strengths and weaknesses of the other side.  We also discuss the risks and practical problems involved in a non-negotiated resolution like a court proceeding. 


Isn’t a negotiated settlement always better?

Not every disagreement can be resolved through negotiation, though most legal proceedings are.  Sometimes the parties are not able to accommodate the interests of the other side; sometimes one party or the other feels it has all of the leverage, or that its position in litigation is strong, and so is content to “role the dice” and let a third party decide. 

Contact me at (312) 405-7122 or email me: jonathan@jarbitrate.com

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PO Box 47887 Chicago, Illinois 60647 / Telephone: (312) 405-7122 - Fax: (815) 550-1062 / jonathan@jarbitrate.com