A bribe, essentially. So he feels like he achieved a small victory and goes away and stays away. Of course, he won't go for it. He's made it clear he wants to audition in front of the judges (esp. Heidi) and nothing else will do. And Marathon has made it clear they will not let him on the show no matter what impotent threats he spews. There's nothing to discuss. Marathon had every right to reject him, they didn't violate the ADA or any other law, so the only thing the arbiter can do is rule in Marathon's favor, ban Russ from ever auditioning again, and have security drag him out of the building.
Pretty sure it's fairly low odds. I'm sure thousands of people audition every season. I can't find how many contestants start the season. But last season, 36 contestants made it to the quarterfinals, so it must be a lot of contestants to start with. Russ wouldn't make it past the first performance in front of the judges. And despite what he said in his filings about how if they just let him on and he gets voted off, he'll move on, we all know he wouldn't. Dealing with Russ is like negotiating with terrorists. Don't do it. You will only inspire more terror (or bad behavior). Marathon has held firm that he's not getting on the show for the precedent it would establish. Plus, Russ didn't think this through (shocker). Let's say Marathon caved and let him on the show. It would come out he sued to get on the show. Even if he somehow managed to advance to another round, that fact would be looming over him. If God himself intervened because he works in mysterious way and Russ won, everyone would think and say he sued his way into victory. It would be hollow. No one would take him seriously. And even if he did win, the prize is a Vegas residency. How would that work? He writes songs. He barely performs. People go to see the lead singer, they don't pay attention to the keyboard player. And songwriters don't get credit at concerts. Their reward is their payment. Russ has no idea how the entertainment industry works. He would not get the fame he craves even if he were good at writing songs.