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Illinois Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Health Care Law for Illinois on
Q: I received a surprise invoice from a pathologist after a procedure at the dentist. Is there any way I can dispute?

I had a procedure done at the dentist. I asked several times what the full amount of costs would be ($900 all in!). They wanted my health insurance ID. I asked why, they said it's for the pathologist but it will be covered by insurance: no problems there. I confirmed this twice since I have an... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 23, 2021

An Illinois attorney would need to advise, since insurance practices are governed by state law. But your post remains open for three weeks. One option, before seeking meaningful input from a local attorney in the Chicago area could be to explore what the carrier could do. With surprise invoices,... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Estate Planning and Probate for Illinois on
Q: Thank you. I do understand that to be true.... 1 family member however that is wanting to sell, does not want to...

Give up their mineral rights to the land... can they really have the best of both worlds & ultimately screw the other 2 family members.

Charles E. Hutchinson
Charles E. Hutchinson answered on Mar 29, 2021

When it comes to selling and buying, most everything is negotiable. If they are not willing to sell 100% of their share, then the value of that share may be greatly diminished. The remaining plaintiffs could sue in court demanding that the sale include mineral rights, although nothing is... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Illinois on
Q: So for the family members that don’t want to sell

Isn’t there any way to stop this?

It has been in our family a very long time & it is not divided up...

this isn’t right - there has to be away to stop it

Charles E. Hutchinson
Charles E. Hutchinson answered on Mar 27, 2021

Those who don't want to sell can buy the fair market value of those who want to sell. Otherwise, there may be language in the will or trust which has provisions regarding the sale of items such as a specific number or % of beneficiaries required to sell assets.

2 Answers | Asked in Arbitration / Mediation Law, Real Estate Law and Estate Planning for Illinois on
Q: Inherited undivided interest in a large amount of land, that has mineral rights. Can one of the family members force the

The other family members to sell the land? This land has been in our family for an extremely long time & some don’t want to sell.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 27, 2021

Those who want to sell can file a lawsuit for Partition. They will win. This will give the court the power to sell the property at auction and divide the proceeds among all the owners. An auction sale is not likely to bring in as much money as a regular sale.

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1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Illinois on
Q: Wife and I have divorce proceedings going on .. We haven't lived together 3-months .. but we agreed upon exchanging

some personal belongings ... she brought some unfamiliar faces with her - I have never seen them or met them even in our marriage reception I don't see them in pictures .. Her name is still on the lease ... How can I make them give me state issued IDs before they enter the Appartment .. I had... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 17, 2020

You have absolutely NO right to see their ID's. She can bring anyone she wishes into the marital apartment, and so can you. Your position is dead wrong.

1 Answer | Asked in Family Law and Arbitration / Mediation Law for Illinois on
Q: is it possible to fix a temporary closed case from 8 years ago?
Cheryl Powell
Cheryl Powell answered on Sep 10, 2020

If by fix you mean change or modify, yes.

2 Answers | Asked in Arbitration / Mediation Law, Divorce and Estate Planning for Illinois on
Q: My wife divorced me in secret I still have got no notice of any part of a divorce. Is this legal
Daniel J. Kollias
Daniel J. Kollias answered on May 12, 2020

If it's a secret about which you have no notice, how do you know about it? Having said that, if you truly haven't received any notice, then you can file a motion to vacate any judgment that has been entered against you. I recommend contacting a divorce lawyer who practices in the county... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for Illinois on
Q: Would arbitration be a win, as small claims is up in the air

had issues with the apartment and complained to HUD's state housing contractor and IC3.gov about the loss of funds and abuse by the landlord. Landlord owes me $4 taken out for rent and partial rent for breaking lease early

Tim Akpinar
Tim Akpinar answered on Feb 1, 2020

As a general matter for any forum, it's difficult to say whether something would be a win. One of the advantages with arbitration is the loosening of rules of evidence and civil procedure applied in more rigid forums, offering parties the possibility of resolving disputes in a more streamlined... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for Illinois on
Q: Good afternoon: I have an issue with a landlord-tenant dispute in McHenry County.

A friend rented from a private house in McHenry County. There was an issue with monies owed but my friend has paid the back rent. There is no lease involved. The landlord had agreed to pay the utilities but did not and the water was shut off.

Conflict arose concerning the utility shut... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 27, 2020

You don't have an issue with the landlord, your friend does. He should contact an attorney.

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and White Collar Crime for Illinois on
Q: How to get phone records as evidence in a child neglect case

My grandson's father's parents are claiming neglect against my daughter and their son DCFS is involved & I am trying to collect evidence to prove that they have lied and manipulated my daughter & DCFS into not only investigating the accusations but not notifying my daughter or... Read more »

William Wolf
William Wolf answered on Jun 24, 2019

These are questions to address with your daughter's lawyer. Ask to make an office appointment with that person, and then make that appointment.

I have seen too many cases where well meaning parents start playing the role of defense investigator for their child. These people are all...
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1 Answer | Asked in Arbitration / Mediation Law and Family Law for Illinois on
Q: What happens when one parent goes back on what was agreed upon in mediation?

Mom and dad agreed to keep the temporary order in place with minor revisions during mediation. Dad's attorney drew up the parental plan based off mediation and sent it to mom's attorney. Mom's attorney came back with no plan but that her client (mom) wants residential and sole... Read more »

James G. Ahlberg
James G. Ahlberg answered on May 10, 2019

As a rule, nothing that happens in mediation is binding on the parties until the court enters an order saying so.

1 Answer | Asked in Arbitration / Mediation Law and Car Accidents for Illinois on
Q: Would small claims court in my county or arbitration be a winning solution for me?

Have only liability auto insurance. My insurance wont pay me anything from damage other party caused to my vehicle.

Tim Akpinar
Tim Akpinar answered on Apr 12, 2019

It could depend on the amount of damages at hand and the respective limits of each. Many attorneys provide free initial consultations in accident-related claims. A quick consult might help in the decision of which route to pursue.

Tim Akpinar

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: How long is a typical mediation for a divorce?
Cheryl Powell
Cheryl Powell answered on Dec 11, 2018

2 to 4 hours.

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: Is arbitration the same thing as mediation?
Tim Akpinar
Tim Akpinar answered on Nov 22, 2018

In general, arbitration is often binding while mediation is often not. This is one of the fundamental differences. There are a number of other differences. If you are contemplating using either process, an attorney in your state could probably provide more meaningful guidance in terms of the... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Illinois on
Q: What is the best method to file for uncontested divorce? Do you still take to a lawyer after a mediator?

Trying to determine least expensive method for getting a uncontested divorce. If my husband and I agree on terms should we use a mediator. I was told you must go through a lawyer to file even if you use a mediator.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 1, 2018

Mediators assist people who have difficulty reaching an agreement. The two of you have already agreed on everything, so you don't need a mediator. All you need is for a lawyer to shepherd your settlement through the legal system.

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: How much does it usually cost to use a mediator? (In this case, it would be for a divorce - no kids.)
Thomas A. Grossman
Thomas A. Grossman answered on Sep 25, 2018

The cost of mediation is determined by many factors. First of all, if you are going to use an attorney to represent you, that will cost money. Also, the mediator's fees vary (usually from about $200 to $300 per hour). Rates vary widely to high priced mediators and less expensive mediators.... Read more »

2 Answers | Asked in Criminal Law and Arbitration / Mediation Law for Illinois on
Q: Laws and facts 4 cash bond 2 surety bonds.Change venue conflict of intrest Chief PA now was pd she is trying bury my

In 2013 my bf publick defender got him 6 years just ao happens to be the head prosuction in diffrent county and she is unbelievably throwing her new weight around. I know there being over tge top with cash bonds every one in supior court was cash bonds there over populated cots in day room... Read more »

Juan Ooink
Juan Ooink answered on Sep 20, 2018

What? Not sure what your question is or if there is even a question here.

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1 Answer | Asked in Employment Law and Arbitration / Mediation Law for Illinois on
Q: Arbitration clause

I have a contract that has an arbitration clause but the employer refused arbitration. So what happens next?

Ethan White
Ethan White answered on Sep 11, 2018

Difficult to say without seeing the language of the clause. And courts have handled this differently, but you could file suit in Circuit Court if the company is waiving an arbitration clause.

2 Answers | Asked in Arbitration / Mediation Law for Illinois on
Q: How does one select a mediator? What if we can't agree on using the same person?
Thomas A. Grossman
Thomas A. Grossman answered on Aug 17, 2018

I know California Mediation and Arbitration law better than Illinois law. In California, most mediations require the parties to agree on a Mediator. All sides have to agree on a Mediator for he Mediation to take place. If the parties to the Mediation simply cannot agree on a mediator, then they... Read more »

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