David C. McLauchlan
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The McLauchlan Law Group LLC
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401 North Michigan Avenue, Suite 1200
Chicago, IL 60611
Description of Practice
Mr. McLauchlan has been practicing law for over 38 years and concentrates his practice in arbitration and mediation, complex business disputes, insurance coverage,professional liability, construction litigation and reinsurance law. He is a Certified Arbitrator and Qualified Mediator for the AIDA Reinsurance & Insurance Arbitration Society (ARIAS-US)and is a graduate of the Northwestern University Mediation Skills training program and advanced mediator training from the CPR International Institute for Conflict Prevention & Resolution. He is a Court certified mediator under the Court-Annexed Major Case Civil Mediation Program in Cook County, Law & Chancery, Lake County and DuPage County, Illinois. He is also an approved mediator for the United States District Court, Northern District W.D. He is a Fellow of the American Academy of Alternative Dispute Resolution. He has extensive litigation, arbitration and mediation experience and handles cases all over the US and Internationally.
In 1980, Mr. McLauchlan was elected an Equity Partner at the law firm of Lord Bissell & Brook LLP, where he had been practicing law since his graduation from law school. During his tenure at the firm he served in various leadership roles including Chairman of the Compensation Committee, Department Chairman and as a member of the firm's Executive Committee. He also became an Equity Partner of the newly mergered firm of Locke Lord Bissell & Liddell LLP upon its merger with Lord Bissell & Brook. On December 31, 2008 David retired from the firm and in 2009 he founded The McLauchlan Law Group LLC serving as its Managing Partner. He also founded The International Arbitration & Mediation Group LLC to focus on arbitration and mediation of commercial disputes.
David has mediated complex business disputes including disputes between major corporations, their captive insurer and reinsurers involving multiple claims and multiple issues including issues of bad faith practices. He has mediated aviation related disputes involving major crashes and complex insurance issues; professional liability disputes; business owner succession and reorganization disputes; family trust administration disputes; family corporation disputes, minority shareholder disputes with the controlling shareholders; construction litigation disputes; and contract disputes between patent holders and licensees. He has also served as a volunteer mediator in court related proceedings and regularly serves as an Arbitrator in commercial disputes.
Mr. McLauchlan has a law degree from the University of Illinois College of Law, Juris Doctor and a B.A. degree from Bradley University. He is admitted to practice law before the Illinois Supreme Court, United States Court of Appeals for the Seventh Circuit and the Federal Circuit, The United States District Court (Northern and Southern Districts) and the United States Supreme Court and is a member of the Trial Bar of the Northern District of Illinois. He has been recognized by the Leading Lawyers Network for his work in insurance law, selected by Illinois Super Lawyers for his work in business litigation, Best Lawyers in America and is AV peer-rated as published by Martindale Hubbell. He is a Fellow of the Litigation Counsel of America. He is a resident of Chicago, an avid golfer, skier, motorcyclist and aviation enthusiast and licensed instrument rated private pilot for over 20 years.
|2009||Northwestern University||Mediation Skills training: 40 hours|
|2009||CPR International Institute for Conflict Prevention & Resolution||Advanced Mediator training|
|2008||ARIAS-US||Arbitration: Intensive Training Workshop|
|2008||ARIAS-US||The Powers of Arbitrators|
|2009||ARIAS-US||Ethics and arbitration training|
|2010||ARIAS-US||Ethics training and arbitration training|
|2010||HB Litigation Conference on Insurance and reinsurance||Mediation and arbitration training|
|2010||Chicago Bar Association||Administrative Law Part 1 and Part 2|
|2011||Chicago Bar Association||Mortgage Foreclosure Training|
|2013||ARIAS-US||Umpire Master Class|
|2014||Jill Miller||Estate Administration|
|2014||Frederic Alimonti||Aviation Litigation and Turbulent ethical issues|
|2015||Deborah Gage Haude||Effective Mediation Strategies in Employment Mediations|
To be a good mediator you need to have the kind of personality that can engage the parties. I believe I have the necessary personality traits to bring that element to the table as well as the experience to get the parties talking to one another. One of the most important roles of the mediators is to control the process and to obtain the parties "buy-in" to the process of mediation. I require the parties to sign a mediation retention agreement in which they commit to the process and to having decision makers with authority at all mediation proceedings. I require the parties to provide the mediator with advance copies of key information, sometimes in camera, and I maintain an encrypted confidential cloud case file for shared resources related to the mediation to expedite the exchange of critical information. At the conclusion of the mediation I require the parties to execute a Letter of Intent confirming the key terms of our successful mediation which is by its terms enforceable until the parties execute formal releases. I create an environment where a successful mediation is a shared goal.
I generally charge $400 per hour for my services which is normally divided among the parties. I require the parties to execute a retention agreement related to my services and my fees. Once we have fixed on a mediation schedule my fees will include a minimum fee for a scheduled day of mediation and in most instances will require the parties to pay in advance a reasonable estimate of fees anticipated based upon a reasonable expectation of the length of the process contemplated by the parties. All fees in excess of the guaranteed minimum are fully refundable.
David has been admitted pro hac vice in numerous cases in states across the country, Puerto Rico and he has been involved in cases pending in the United Kingdom. In addition to his experience as a trial and appellate lawyer, He has also handled numerous arbitrations and mediations and administrative hearings and is well versed in dispute resolution at all levels. He has served as an arbitrator, including acting as the Chair or Umpire of the arbitration, in numerous business, civil, insurance and reinsurance disputes around the Country. LAWYER ADVERTISING: PAST ACCOMPLISHMENTS AND SUCCESS ARE NO GUARANTEE OF FUTURE RESULTS.
Areas of Practice
- Appellate (1 mediated)
- Aviation (2 mediated)
- Business (5 mediated)
- Civil (general) (12 mediated)
- Contracts (10 mediated)
- Estate Planning
- Health Care
- Insurance (12 mediated)
- Intellectual Property
- Land Use
- Landlord - Tenant
- Legal Malpractice
- Medical Malpractice (1 mediated)
- Natural Resources
- Nursing Home
- Online Mediation
- Personal Injury (6 mediated)
- Professional Fees (2 mediated)
- Public Policy
- Real Estate (2 mediated)
- Sexual Harrassment
- Special Education (1 mediated)
- Trust Management (2 mediated)
- Systems Designer
- Mediation Consultant
- Mediation Trainer
- Representational Lawyer
- Mediating Lawyer
Brian W. Colistra Pino & Associates, LLP Robert P. Conlon Walker Wilcox Matousek LLP Hugh C. Griffin Hall Prangle & Schoonveld Robert J. Bates Jr. Bates Carey LLP Todd C. Jacobs Shook Hardy & Bacon Edward Lehman Lehman, Lee & XU Robert D. Laurie Seiger Gfeller Laurie James T. Murphy Hanson & Curran LLP