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Illinois Arbitration / Mediation Law Questions & Answers
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 myself until the... 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 well...
Read more »

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 decision making on... 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. The... 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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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 Head
William 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 refused... 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.

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