Question 1

What is mediation and how does it work?

Accepted Answer

Mediation is a form of alternative dispute resolution. The process gives disputing parties an opportunity to resolve their issue without court interference. In mediation, both parties come together with a third-party neutral (the mediator) and discuss their issue. They explore various solutions and examine how it could be beneficial to resolve their dispute outside of the courtroom. The process is entirely voluntary and either party is free to walk away at any time or refuse any of the potential resolutions. Mediation can save time and money, and provide a path to a mutually beneficial solution.

Question 2

What is the difference between mediation and arbitration?

Accepted Answer

Mediation and arbitration are both forms of dispute resolution, but they differ in many ways, especially when it comes to the role of the third-party facilitator. Both bring together the parties involved in a dispute to discuss their viewpoints and potential resolutions in a more casual environment than the courtroom. In mediation, parties are free to walk away at any time and they do not need to abide by any particular resolution. On the other hand, in arbitration, the arbitrator does have the authority to make a ruling and in many cases, the disputing parties must abide by that resolution.

Question 3

Can I participate in a mediation or arbitration without a lawyer?

Accepted Answer

Individuals involved in a legal dispute are free to participating in mediation or arbitration with or without a lawyer. Whether or not representation is appropriate is based on a few factors. Sometimes, it’s a matter of what the parties involved agree to do. Mediating without legal representation can make the process less expensive and easier to arrange because there are fewer people involved. It’s less common for parties involved in arbitration to not be represented by lawyers. In either case, you’d consider working with a lawyer to ensure your best interests are addressed during in the ADR process.

Question 4

What is the advantage of mediation over filing a lawsuit?

Accepted Answer

Mediation provides many benefits when compared to filing a lawsuit. Negotiating a settlement through mediation is voluntary, so neither party is forced into something of which they do not wish to be a part. Resolutions in mediation are mutually beneficial and often have the ability to preserve a respectful and amicable relationship once the dispute is settled. Mediation is efficient and can help disputing parties resolve their differences in hours, as opposed to days or months. Finally, mediation is less formal and provides the opportunity to create flexible and creative solutions that would not be an option in the courtroom.

Question 5

What is the advantage of arbitration over filing a lawsuit?

Accepted Answer

Arbitration is a form of alternative dispute resolution that can be more beneficial than filing a lawsuit. Participating in arbitration tends to make parties less hostile because they have more opportunities to present their side of the issue and address their emotions and needs. The arbitration process is private, which means parties are more willing to speak openly about the issue. Arbitration offers more flexibility and can be scheduled around the parties involved and their other obligations. Finally, arbitration tends to cost less than filing a lawsuit, in part because the process takes less time.

Question 6

How do I handle a dispute with my condominium association?

Accepted Answer

Condominium association disputes are common and can be extremely frustrating for homeowners. If you are involved in a condominium association dispute, the following tips can help:

•	Know the rules, comply with them to the best of your ability, and if you are accused of being in violation of a rule, ask for a hearing.
•	Be pleasant when interacting with the “powers that be.”
•	Get everything in writing.
•	Don’t argue the rule at a hearing, but if you want a rule change, start a petition.
•	Make sure you know the penalties.
•	Never stop paying your dues in retaliation.

Question 7

Can I mediate a dispute with my condominium association?

Accepted Answer

In general, yes, any type of dispute can be mediated.  In Illinois, as of January 1, 2019, all condominium associations are required to have a mediation process in place to help resolve homeowner disputes, except for disputes regarding unpaid assessments.  Participating in mediation does not bar a homeowner from filing a lawsuit against the condominium association but it is more efficient and much less expensive than filing a lawsuit.  It also allows for creative solutions and gives everyone involved an opportunity to share their concerns and create a lasting resolution.

Question 8

Who can I sue if I was injured working at a construction site?

Accepted Answer

Injuries that occur at construction sites are very common and can range in severity a great deal. When the injury occurs because of negligence, the at-fault party can be held liable for the damages depending on the specific circumstances. Determining who is at fault in a construction accident is one reason why construction law is so complex.

If you are injured at a construction site, it might be possible to sue more than one person for damages, including:

•	Owner of the site or property
•	General contractors
•	Subcontractors
•	Manufacturers of equipment
•	Architects and engineers
•	Combination of any of the above

Question 9

Can I still pursue compensation if I was partially at fault for my injuries?

Accepted Answer

Whether or not you can pursue compensation if you are partially at fault for your injuries depends on your jurisdiction. In Illinois, victims can recover compensation for their injuries even if they contributed in some way to the accident that caused their injuries, unless they are more than 50% at fault.If a person is 50% or less at fault for causing his/her injuries, how much that person can recover is reduced by his/her percentage of negligence.

Question 10

Does personal injury claim affect car insurance?

Accepted Answer

A personal injury claim made against your policy is likely to affect your car insurance but it depends on whether or not you were at fault. A claim can raise your premium, but it all depends on what happened and what is covered by the other at-fault party’s insurance. If you are completely not at fault for the accident, you can expect your insurance to remain the same. If another party files a personal injury claim against you, it may raise your insurance rate because you are now viewed as a greater risk to the insurance company.

Maisel Law

Travis G. Maisel

Mediation FAQs