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Illinois Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: If I can prove that a mediator is biased toward the other party, can they be replaced with a new one?
Thomas A. Grossman
Thomas A. Grossman answered on Jul 17, 2018

Yes, although it is best for that to happen before the Mediation. Mediations, unlike Arbitrations, are not binding on the parties unless they settle with a written agreement acceptable to all parties. So, if during the mediation, it appears that the Mediator is biased, you can just end the... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: Is there a limit on how many times a case can be arbitrated?
Thomas A. Grossman
Thomas A. Grossman answered on Jun 26, 2018

Generally, the ruling on an Arbitration ends the matter. In some cases a ruling can be appealed to the Court system if some form of fraud has been committed during the Arbitration. In most cases the Arbitrator has wide discretion on making his ruling, and it usually cannot be challenged.

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: What is court-annexed arbitration? Does that means I'm not allowed to litigate my claim?
Steve McCann
Steve McCann answered on Jun 5, 2018

No. Depending on the court, you are likely required to participate in an arbitration in good faith prior to proceeding to trial. Assuming the arbitration is court mandated and not mandated by contract, if you or the other party do not agree with the arbitration award, you can reject it and... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: Do mediators have to be attorneys?
Cheryl Powell
Cheryl Powell answered on Mar 24, 2018

It depends on your state. In il, no.

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: Does arbitration make your case go faster? I was in a car accident.
Steve McCann
Steve McCann answered on Mar 4, 2018

It certainly could make the case go faster if the parties are able to reach an agreement in arbitration, otherwise it may delay the case. Your attorney would be in the best position to answer whether or not an arbitration would be beneficial to your case, so I suggest you as him or her. If you do... Read more »

1 Answer | Asked in Products Liability, Arbitration / Mediation Law and Consumer Law for Illinois on
Q: Can you sue a car company? I wasn't hurt or anything but the fact is I feel I was ripped off and deceived, and lied too!

I went to chevy dealer ship for a oil change and the guy said we running a special get a oil change and tire rotation for 50 bucks! I said sound good! I was there and I knew my tire had a nail in my tire wall and they would ask if I wanted to change my tire but they never did! I Sat their from... Read more »

William C. Head
William C. Head answered on Aug 13, 2017

Not much of a case, and no lawyer would touch it, unless it was a class action.

Your option, small claims court. Or, call your state consumer rights division, to report the deceptive practice. The company will claim it was just an oversight.

If it makes you feel better, find their...
Read more »

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: Do I have any options for fighting an arbitration decision if I feel that the arbitrator was biased toward the opposing

party?

Cheryl Powell
Cheryl Powell answered on Jun 7, 2017

It depends. You need to gather up all of your papers and bring them to an attorney for review.

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: What is an arbitration hearing?
Ray Choudhry
Ray Choudhry answered on May 8, 2017

Instead of going to court, letting an independent third party settle the dispute.

In Illinois workers comp disputes are settled by an Arbitrator.

Q: FCE or IME needs to be done now before settlement talks can take place. Why now??

I injured my back at work a year ago. I have completed therapy, 4 spinal injection shots and a work hardening program. During this time I was receiving my weekly worker's comp checks. After 9 months of going through this my dr. ordered an FCE to be done but my job's workers comp insurance... Read more »

Charles Candiano
Charles Candiano answered on Apr 23, 2017

You are paying an attorney who knows all of the details of your claim, a great deal of money. Why would you seek an online opinion when you already paid for the privilege of getting an informed opinion? Ask YOUR attorney. HE has all of the information necessary to give you an informed answer.

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Illinois on
Q: Mediation agreement stipulates "no roommates". If he marries, is the new wife considered a "roommate"?

According to IL law, if father remarries...this is not the same as "having a roommate"...is it?

Cheryl Powell
Cheryl Powell answered on Apr 16, 2017

No roommates would be interpreted as no one else living there, married or unmarried, unless otherwise explicitly stated.

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: I have a dispute with a local store owner in town - something I bought keeps breaking.

Can I force them to mediate the issue?

Cheryl Powell
Cheryl Powell answered on Feb 3, 2017

No. No one can be forced into mediation.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Arbitration / Mediation Law for Illinois on
Q: If a company does not deny their wrongdoing during settlement negotiations, is that admission of guilt?

2014 (1)The company forced me into an upgrade two-year contract under duress because it changed its network service; (2)Sprint sold me a defective phone without proper warning of its defects and refused to fix, return, or exchange the device, even though the company knew of its defects at the time;... Read more »

Steve McCann
Steve McCann answered on Jan 12, 2017

There are many issues present in the facts provided, and you should absolutely consult with an attorney individually so you can obtain a comprehensive assessment of your case. It is apparent that the company is not taking you seriously, and likely will not until you obtain legal representation.... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: I am writing a simple business contract --

am I able to pick who would mediate any disputes between us or does it have to be mutual?

Cheryl Powell
Cheryl Powell answered on Jan 6, 2017

You can choose and see if they disagree. Ultimately, all parties have to agree to everything in an agreement.

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: I've been asked to sign an employment agreement that agrees to settle disputes with arbitration.

Can I just cross that out and sign?

Cheryl Powell
Cheryl Powell answered on Nov 14, 2016

Absolutely. But be prepared to lose the job if the employer doesn't agree with u.

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: My wife are separated

We are seeking a divorce through a mediator but I really don't like the person, what do I do if my ex refuses to change?

Cheryl Powell
Cheryl Powell answered on Oct 26, 2016

Has the mediator been court ordered? If so, you might just have to deal with it. If not court ordered, then just tell your ex your concerns and c if she is agreeable to switching, as long as you foot the cost.

1 Answer | Asked in Arbitration / Mediation Law and Workers' Compensation for Illinois on
Q: My TTDs were stopped. Can the insurance company stop them whenever they want or is there a procedure they must follow?

Doesn't the arbitrator assigned to my case have to approve?

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 24, 2016

Unfortunately, insurance companies can terminate temporary total disability (TTD) payments when they have information that you are no longer temporarily disabled or your employer is able to accommodate restrictions placed on you by your physicians.

In some situations, insurance companies...
Read more »

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: Do both parties have agree to go to medation?

Exwife has went court to many times. Judge order medation. if she cant come up with her money how do we get things resolved?

Timothy J. Deffet
Timothy J. Deffet answered on Jan 31, 2013

If the Judge orders it behooves you to go. It it usually always a good idea to do a mediation. Arbitration is actually a different thing. Sometimes there is "mandatory arbitration" in Illinois cases which have a certain $ amount claimed.

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