I have a contract that has an arbitration clause but the employer refused arbitration. So what happens next?
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.
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... View More
It is for an ADA claim
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... View More
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.
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... View More
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... View More
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... View More
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... View More
party?
answered on Jun 7, 2017
It depends. You need to gather up all of your papers and bring them to an attorney for review.
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.
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... View More
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.
According to IL law, if father remarries...this is not the same as "having a roommate"...is it?
answered on Apr 16, 2017
No roommates would be interpreted as no one else living there, married or unmarried, unless otherwise explicitly stated.
Can I force them to mediate the issue?
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;... View More
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.... View More
am I able to pick who would mediate any disputes between us or does it have to be mutual?
answered on Jan 6, 2017
You can choose and see if they disagree. Ultimately, all parties have to agree to everything in an agreement.
Can I just cross that out and sign?
answered on Nov 14, 2016
Absolutely. But be prepared to lose the job if the employer doesn't agree with u.
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?
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.
Doesn't the arbitrator assigned to my case have to approve?
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... View More
Exwife has went court to many times. Judge order medation. if she cant come up with her money how do we get things resolved?
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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