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What is Mediation?
Mediation is a process in which a neutral and impartial third party (the mediator) facilitates communication between negotiating parties which may enable them to reach an agreement. Mediation is an efficient and cost effective method for the resolution of both simple and complex cases.
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"The judgment of others does not change who I am. Quite the opposite is true. It reveals who they are."
~ Terry McPhearson |
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Ill App - Civil - Arbitration / Employment
Cruz v. The Cook County Sheriff's Merit Board , No. 1-08-2648 (1st Dist. Aug. 26, 2009) MURPHY. Cook Co. Reversed.
Sheriff's Merit Board findings were not contrary to manifest weight of evidence, and Board acted reasonably in discharging Plaintiff from employment. Appellate Court had, in separate case filed by Union, vitiated portion of arbitrator's Award which found sick day discipline policy of Sheriff's Department to be unreasonable, as outside scope of arbitrator's authority. Evidence indicates Plaintiff knew and understood discipline ramifications of taking days off for sickness, even with doctor's note, when she had no sick days left.
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"How people treat you is their karma; how you react is yours."
~Wayne Dyer |
Ill App - Civil - Arbitration / Contracts
Timmerman v. The Grain Exchange , No. 5-08-0404 (5th Dist. Aug. 21, 2009) WELCH. Clinton Co. Affirmed.
Arbitration clause alleged to be incorporated within contracts between Plaintiff farmers and Defendant grain dealer was unenforceable as procedurally unconconscionable, because the term "arbitration" was not mentioned in the contracts, "Rules of National Grain and Feed Association" were not made available to Plaintiffs prior to entering into contracts, nor were they directed where to find Rules. Trial court properly entered declaratory judgment that contracts between parties were unenforceable, and the assignment of the contracts was ineffective, based on revocation of Defendant's grain dealer license after formation of contract; contracts were effectively repudiated at moment Defendant lost its license and it then was without authority to assign contract to another grain dealer.
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