A JAMS Q&A Session in Celebration of Hispanic Heritage Month: Shining the Spotlight on Hon. Mark J. Lopez (Ret.)

Learn about his legal journey, his approach to resolving family law matters, and the guiding principles he attributes to his success in alternative dispute resolution.

Please provide a snapshot of your legal career prior to joining JAMS.

I began my career as a prosecutor with the Cook County State's Attorney’s office handling Criminal Appeals and the prosecution of misdemeanors. I then joined my late father's law Practice in Chicago's predominantly Mexican Pilsen community where I was engaged in the general practice of law handling both criminal and civil cases. I was recruited by the Illinois Attorney General's office to oversee their Southwest Regional Office in Chicago's Bridgeport community handling consumer and charitable fraud cases as well as some civil rights matters. After a change of administration, I was assigned downtown to the Workers Compensation Division where I became the chief of that division which was my assignment at the time of my appointment to the bench.

How did you become interested in ADR?

During my judicial career it became obvious that ADR would play a substantial role in the future disposition of legal disputes. I had the opportunity to receive training in ADR about 15 years ago and incorporated what I had learned into my discussions with lawyers and litigants in my efforts to resolve cases. After my judicial career, JAMS provides me the opportunity to share my experience and knowledge to resolve cases with many of the same lawyers that appeared before me during my judicial career, which I find rewarding.

What influenced you to pursue a career in law?

I had the good fortune of being the son of one of the first Latino lawyers to be admitted to the Illinois Bar. I was provided the opportunity to spend significant time in a law office to see legal practice from the inside, to meet the handful of fellow Latino Lawyers practicing in the Chicago area and to hear their stories of the challenges that many faced and overcame in establishing themselves in the legal profession.

What are some of the highlights of your career, and how has that experience shaped you?

One of the lessons learned from my upbringing was how incredibly fortunate I was as a young lawyer from an ethnic minority to have the network of support I had to succeed in the legal profession. I committed myself to assisting other law students and young lawyers of ethnic backgrounds who had no one to follow into the legal profession. I provided many with the opportunity for judicial externships and mentored many as they found their place in the legal profession. Some of those same individuals are now in leadership roles in large law firms or owners of their own firms. My judicial career began with simple goals of treating all who appear before me with respect and to put the effort forth to try to “get it right”, when ruling on their cases. These simple goals earned me the respect of the bar as well as my colleagues on the bench.

How would you describe your mediation and arbitration style?

I begin with reviewing all briefs and submissions from the parties to be fully prepared for a mediation or arbitration session. I encourage the parties to tell me about what matters are important to them and why, so I better understand where they're coming from. I may ask questions, encouraging a party to think about how the other side will respond to a demand or position and ask them to help me explain to them why this issue is so important to them. I actively listen to the parties in the hopes that they are comfortable with me presiding over their legal dispute. I want the party to be personally engaged in the process, so they feel that they are actively involved in a final resolution

What can you tell us about your settlement style, process, and/or philosophy?

After some discussions and caucuses with both parties and their attorneys, if we have reached a proposal that neither side has rejected, I might step back and give the lawyers the opportunity to speak privately with their clients to discuss and possibly modify or add to the current proposal. I may suggest how a court might view a party's position on a particular issue, the pros and cons to be considered and how likely it is that a court might sign off on a particular agreement. My philosophy is simply that, it's the litigants' case. They have already received sound advice from their attorney and now they are coming to JAMS for our assistance in resolving their disputes.

What practice areas are you passionate about and why?

I began my judicial career serving two and a half years in juvenile court, Child Protection division. Thereafter I was transferred to the Domestic Relations Division where I served the next 20 years until my retirement. I realized early in my Domestic Relations career that my temperament and personality was well suited for interacting with litigants who are not always acting their best, can be emotional or less than professional. I believe that there is nothing more important than placing a child in an environment to give them the best chance of success in spite of their parents’ separation or life choices. I chose to remain in the Domestic Relations divisions for the bulk of my career.

What professional accomplishments are you most proud of?

During my judicial career I've had dozens of published opinions and unpublished orders arising out of my trial court rulings which have shaped Illinois family law. I was invited and appointed by the Illinois legislature to assist in the rewrite of the Illinois Marriage and Dissolution of Marriage Act and the Illinois Parentage Act, both of which were enacted in 2015. I’m very proud of my contributions to the body of law currently in place.

Did you have a mentor? If so, what was the most memorable advice given to you?

I would have to say my late father Honoratus Lopez would be my mentor followed by his law school classmate David Cerda, who has known me since I was a baby. My father would often tell me “don't take a backseat to anyone” and as long as you work hard, you're as capable as anyone to succeed in the legal profession. His classmate David Cerda became the first Latino to become a judge in Illinois and the first Latino Appellate Court Justice in Illinois. At 97 he is still providing me guidance and support.

Are there any organizations affiliations you are involved with and how has your involvement within the organization impacted your career?

I am a member of the Hispanic Lawyers Association of Illinois and have been since its inception in 1995. I was also a member of the Mexican-American Lawyers Association and the Latin American Bar Association, both of which were co-founded by my late father and merged in 1995 to form the Hispanic Lawyers Association of Illinois. I am also a member of the Illinois Judges Association, the Puerto Rican Bar Association, the Illinois Latino Judges Association as well as the Illinois State Bar Association where I serve on their Board of Governors. It's been most gratifying to observe the growth of Illinois’ Latino legal community in numbers, influence and prestige. The same holds true for the Illinois Latino Judges Association which finally had enough judges to create an organization in 2018. The personal and professional relationships created by my bar membership have enriched my legal career and assisted my professional development and make me proud to be a member of the legal profession.

What is your favorite pastime?

Spending time with our family and grandkids. My wife and I try to stay young and healthy by eating healthy, walking, swimming laps, cycling both domestically and internationally and traveling the world.