Mitchell Marinello

Mitch is a trial lawyer experienced in handling business and professional disputes in the courts and through arbitration and mediation.

Experience

Mitch is a trial lawyer with over 40 years of experience. His practice involved a wide range of commercial subjects including contracts, real estate, employment, and intellectual property and included counseling clients on how to comply with the law, improve business practices, analyze risks, and resolve disputes at a reasonable cost. For ten years, Mitch served as the Managing Partner of Novack and Macey, LLP, a law firm located in Chicago, IL and now a part of Armstrong Teasdale, LLP.

Work History

Windels Marx Davies & Ives, N.Y., N.Y. (1980-1984); Novack and Macey, LLP, Chicago, IL (1985 to 2023); Armstrong Teasdale, Chicago, IL (2023-2024). In mid-2024, Mitch formed Marinello ADR, LLC and became a full-time arbitrator and mediator. Before then, Mitch had served as an arbitrator and mediator for many years. To date, he has handled approximately 250 arbitrations and 25 mediations.

Training

Mitch has taken a number of arbitration and mediation courses, taught Commercial Arbitration at DePaul School of Law for several years, and took the 40-hour mediation training course given by Northwestern University\"s Professional School.

License(s)

Mitch is a licensed member of the bar in Illinois and New York. He is admitted to practice in the Second and Seventh Circuit Courts of Appeals, the Northern and Central Districts of Illinois, the Southern and Eastern Districts of New York, and the Western District of Michigan.

Education

Wesleyan University (B.A. 1976), with Honors, Magna Cum Laude; The Thomas J. Watson Foundation (Fellow, 1976-1977)(studying British Labor Policy); New York University Law School (J.D. 1980), Senior Writing Editor for the Moot Court Board. Mediation Skills Training program (40 hours) given by the Northwestern University School of Professional Training (2014).

Publications

Recent ADR-Related Publications: •“Federal Court Denies Injunction Against Zoom Hearing,” published by the American Bar Association, Litigation Section, ADR Website (hereinafter “ABA”) May 10, 2021; “Federal Court Confirms Emergency Arbitrator’s Interim Injunction,” ABA, February 10, 2021; “Monster and Olympic: Still in a Jam?,” ABA, January 13, 2021; “Illinois Federal District Court Confirms FINRA Award,” ABA, November 10, 2020; “Employment Award Vacated for Manifest Disregard of the Law, ABA, September 9, 2020;” “Michigan Court Refuses Arbitration of Sexual Harassment Claim,”, December, 2019; “U.S. Discovery Not Available in Foreign Enforcement Proceedings,” ABA, November, 2019; “New York Law Prohibiting Arbitration of Sexual Harassment Claims Is Preempted,” ABA September 12, 2019; “Petrobas Decision Rejects Allegations of Arbitrator Bias”, ABA on July 24, 2019; “Debt Collector Waived Right to Arbitrate?”, ABA, May 1, 2019 “District Court Defers to Appellate Arbitration Panel,” ABA on April 3, 2019; “What Will They think of Next?,” ABA, February 27, 2019; “Supreme Court Says ‘Wholly Groundless’ Argument Is Just That,” January 16, 2019; “Ethics Missteps Lead to Award Being Vacated,” ABA, December 6, 2018; “Judgment Confirming Award Is Reversed Due to Hague Convention,” ABA, August 12, 2018; “Are Truck Drivers Exempt From the FAA When Classified As Independent Contractors?,” June 6, 2018; “Arbitrator Has Authority To Make Summary Dispositions,” ABA, April 19, 2018; “Mixing It Up: Did We Mediate or Arbitrate?” ABA, March 19, 2018; “Can an Arbitrator Certify an Opt-Out Class?,” ABA, December 18, 2017; “Jury Finds For JAMS in Resume Padding Case,”, September 1, 2017; “President Appoints Philip A. Miscimarra NLRB Acting Chairman,” ABA, February 16, 2017; “Supreme Court Agrees to Clarify FAA vs NLRB Issues,” ABA, February 1, 2017; “Client Loses Claim That Arbitration Agreement with Attorney Violates IL Public Policy,” ABA, January 20, 2017; “Law Firm’s Refusal to Pay Former Client’s Arbitration Fees Subject It to Litigation,” ABA July 18, 2016; “Second Circuit Reinstates Brady’s Suspension” April, 2016; “Oregon Court Blocks Use of Certain Mediation Statements In Malpractice Case,” February, 2016, “Law Firm’s Mandatory Arbitration Clause Ruled Unenforceable”, ABA, January, 2016;

Awards

Mitch edited the ADR website of the American Bar Association for approximately nine years, turning it from moribund to a vibrant and useful website that published more articles and practice points than any other ABA website for 8 straight years. The ABA recognized the ADR Website as the its Most Improved Website and later as its Best Website. Mitch also received the Most Valuable Volunteer Award from the Illinois Institute for Continuing Legal Education. Mitch consistently was awarded Martindale-Hubbell’s AV® Preeminent Peer Review Rating, its highest rating for ethical standards and legal ability. For twenty years, Mitch also was consistently chosen by his peers as a Super Lawyer and Leading Lawyer in Commercial Litigation. For the past several years, Mitch was listed as one of the Top 100 lawyers in Illinois.

Panels

Mitch has served as an arbitrator and mediator in a broad variety of commercial disputes including those involving intellectual property related to pharmaceuticals, medical devices and various technologies and inventions. To date, he has served as an arbitrator in approximately 250 business cases, frequently as the chair of three-person arbitration panels. Mitch is a Fellow of the College of Commercial Arbitrators and a long-time panelist with the American Arbitration Association where he serves on the Large and Complex Case Panel and the Employment Panel. Mitch is also a panelist for the AAA International Centre for Dispute Resolution, the International Institute for Conflict Prevention and Resolution (“CPR”), the Chicago International Institute for Dispute Resolution, the Financial Industry Regulatory Authority (Public and Employment Panels), the American Health Lawyers Association, and the National Futures Association. Mitch serves as mediator for the AAA and for CPR and also arbitrates and mediates cases privately.

Associations

Mitch is a member of the Litigation Section of the American Bar Association. He is the former Co-Chair of the ADR Committee, former member of the Book Publication Board, and former Editor of the ADR Website. Mitch also serves as a Board member and the Secretary of the Resolution Systems Institute, an organization dedicated to enhancing ADR systems in the courts. He is an Adjunct Professor at DePaul School of Law, where he teaches Commercial Arbitration. He is also a Board Member of the M.R. Bauer Foundation which supports alternate dispute resolution. Mitch is a former Director and the Secretary of the International Advisory Group, an international association of law firms and accountants, a member of the Chicago Bar Association and past Chair of its Civil Practice Committee, and a former Director of the Chicago Chapter of the Federal Bar Association. Mitch was appointed to the Illinois Chapter of the National Academy of Distinguished Neutrals, and he is a member of the American Bar Foundation.

Miscellaneous

Recent ADR Presentations: For a list of publications and speaking engagements, please see Mitch\"s resume.