Experience Qualification Path
Category 2: American Arbitration Association
Mediation Locations
United States - IL
Mediation languages
English
Current position and background
Professor, DePaul University College of Law, Chicago, Illinois
Director, The DePaul University College of Law Center for Dispute Resolution
Director, The DePaul Interfaith Family Mediation Project in the College of Law

Professor Dutenhaver joined the faculty of DePaul University College of Law in 1974 where she has served as Acting Dean and Associate Dean. She designed and teaches the courses in the dispute resolution curriculum and coordinates the adjunct dispute resolution faculty.
Since 1985 Professor Dutenhaver has been mediating and arbitrating complex business cases, mediating employment cases and conducting certificate training programs in Mediation and other Alternative Dispute Resolution process for lawyers, judges, corporate counsel, executives, managers and school administrators. She also designs corporate dispute resolution systems, facilitates the resolution of large group conflict, and serves as a consultant.
Her experience in the practice of law included construction, property management, corporate planning, transactional work, estate planning and related litigation. Prior to teaching full time she was an associate with the law firm Overton Schwartz & Fritts. From 1978 she returned in an Of Counsel relationship which continued after a merger with Wildman Harrold Allen & Dixon until 1991.
Main mediation practice areas
Commercial
Family businesses
Partnerships
Contract
Real estate
Personal Injury and wrongful death
Mediation experience
As an experienced mediator of large complex disputes she has resolved cases involving corporations, family-owned businesses, partnerships, real estate developers, condominium associations, commercial and residential landlords-tenants, franchises, trade associations, financial institutions, nonprofit organizations, health-care organizations, universities, religious organizations, public school systems, federal agencies, military installations, and local municipalities.

In the employment area she has resolved matters involving discrimination, harassment, performance review and severance. She has mediated disputes involving individuals with issues in professional liability, insurance coverage, disability and health care matters, consumer disputes, real estate matters, personal injuries, wrongful death claims, clergy-abuse cases, estate planning and estate settlements. Numerous cases have been multi-party disputes. Mostly she has mediated as the solo mediator and others as a co-mediator.

Description of mediation style
Facilitative and Evaluative
At the conclusion of a mediation conference, the parties must decide whether to accept the proposed terms of settlement or pursue a binding award or judgment in arbitration or litigation. A successful mediation is one in which the parties and their attorneys acquire sufficient information to make an informed choice. If applicable, this will include the exploration of business solutions as well as potential legal remedies for the terms of settlement. To acquire this information, the mediation conference needs to be designed after the mediator has explored with the attorneys and the parties the reasons they have been unable to reach a negotiated agreement. Experience has shown that thoughtful design and thorough preparation by the parties, attorneys and the mediator, including the exchange of necessary documents and statements describing the dispute, will raise the likelihood of settlement significantly. During the mediation conference the mediator needs to do whatever is helpful for the parties and their attorneys. It is not always clear prior to the mediation conference what style of mediation will be most appropriate. The mediator needs to be able to move in and out of facilitative and evaluative styles throughout the process as required by the facts of the case and the persons participating. Proposed terms of settlement arrived at through intense mutual participation and an adequate understanding of the likely outcome in court or arbitration are both necessary so that the decision whether to settle or pursue a binding process can be appropriately made.
Code of professional conduct
IMI Code of Professional Conduct
Complaint process
IMI Professional Conduct Assessment Process
Professional indemnity insurance
Complete Equity Markets, Inc.
UNDERWRITERS AT LLOYD'S, LONDON

$1,000,000.00
Feedback Digest
Reviewer: STAFF AAA/ICDR ( imireviewer@adr.org )
Latest Update: 2010-05-31 01:45:40

This Feedback Digest is based on 6 Feedbacks in more than 6 Mediations as of May 20, 2010.

Parties and counsel who have used Katheryn Dutenhaver would overwhelmingly use her services again and would, without hesitation, recommend her to others. Typical of the comments reflecting Ms. Dutenhaver’s acceptability are: (i) Ms.Dutenhaver conducted the mediation in an extremely professional matter, maintained an unbiased approach to the issues, and explored palatable alternatives to resolution while framing them in a realistic context of the pluses and minuses of litigation; (ii) I was highly pleased with Ms. Dutenhaver’s excellent performance. I would not hesitate to use her again or to recommend her to others; (iii) Ms. Dutenhaver is one of the best mediators I have worked with in over 35 years practicing law; and (iv) Ms. Dutenhaver is one of the best mediators I have encountered anywhere. She works to get the job done. I would use her again to resolve a difficult case.

Ms. Dutenhaver’s mediation skills and abilities are rated as highly effective. Typical of feedback received in this regard are: (i) Ms. Dutenhaver exhibited great communication and reasoning skills and engaged the parties in meaningful negotiations; (ii) Ms. Dutenhaver showed patience and resolve; (iii) Her ability to communicate effectively with both sides and to help evaluate the alternatives made a decisive difference in the outcome; (iv) Ms. Dutenhaver is a quick study of the legal and emotional issues involved in a case. These skills are invaluable in understanding the underlying problems of the case and in fashioning alternatives that have a possibility of working. She had the ability to keep things on an even keel, to offer suggestions, to communicate effectively, and to keep the parties focused on the "big" picture; (v) We were subsequently able to settle the matter largely because of Ms. Dutenhaver’s efforts in bringing us closer together; and (vi) Because of Ms. Dutenhaver’s efforts the matter was resolved after having been pending for several months without resolution.

Ms. Dutenhaver is also highly regarded for her ability to effect a positive outcome. For example, one provider of feedback noted that Ms. Dutenhaver remains very calm throughout the mediation and this helped both parties reach an agreement that pleased both of them. While another noted that Ms.Dutenhaver's skills as a mediator clearly facilitated the matter’s resolution which both parties viewed as equitable.

Costs were widely reported as reasonable in the context of the value of the disputes mediated by Ms. Dutenhaver, and in general a very high degree of satisfaction was reported.

No reportable negative comments have been received since Ms. Dutenhaver’s designation as an IMI Certified Mediator.

Professional affiliations
Professor Dutenhaver has served as an officer or member on alternative dispute resolution committees for the Mediation Council of Illinois, the Circuit Court of Cook County, Illinois, the Chicago Bar Association, the Illinois State Bar Association, the American Bar association, and the Illinois Supreme Court. She is currently Vice-President of the Illinois Chapter of the Association of Attorney-Mediators.

 

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