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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Should I have an attorney represent me for a TRO mediation for civil harassment that my neighbor filed against me?

My neighbor has been harassing me since April so I sent him a cease and desist letter and in turn he filed a restraining order against me. When I responded to the restraining order he decided he didn’t want to go through with the TRO and got an attorney to represent him. We have decided to go... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

Yes, you should have an attorney to represent you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Arizona on
Q: If "Conflict Resolution" terms in a Trust are defined (arbitration) can the Trustee retain counsel and not adhere?

The beneficiaries (I am one) are disputing the final Accounting provided by the Trustee for various reasons. The Trustee has retained counsel to push our hand, but in reviewing the Trust, there is a section regarding "Conflict Resolution" that specifically states thar arbitration should... Read more »

Ilene L McCauley
Ilene L McCauley
answered on Sep 28, 2022

Thank you for your question. Getting to arbitration is a process, which generally requires a law suit to be filed. The language seems clear but it is not. The language is saying that a lawsuit which is governed by arbitration is generally less expensive than a full blown law suit. Both choices... Read more »

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: How long does a Company have to pay me Back Pay and job back after winning in Arbitration?

The Union advised me that I will get my job back and back pay, it's been over 11 months now and nothing, Union keeps dragging their feet say the Company needs W2's, then update my Commercial License, etc.

Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Sep 27, 2022

I do not know how union arbitration awards are enforced. With a normal arbitration, the arbitration agreement or award says that the award can be confirmed as a judgment. In those cases, you would confirm the award as a judgment and enforce the judgment.

2 Answers | Asked in Bankruptcy, Real Estate Law, Arbitration / Mediation Law and Collections for Georgia on
Q: My condo association and I are at odds over assessments, fees, and interest. For water and association expenses,

I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.

I discovered after looking at the charges... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 23, 2022

Per Bankruptcy Code 523(a)(16), these debts are probably not dischargeable in bankruptcy, so you would continue to owe them. Whether they represent an accurate balance of what you owe is a different issue.

I suggest clearly breaking down all charges and payments made (like a statement),...
Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Family Law for California on
Q: What can I do at the mediation "follow up"? I feel like the female mediator is siding with mom.

Today the recommendation so far is thurs to mon. Then following week a 3 hr visit Wednesday before work. After school. I work graveyard working mon thru thurs one week, mon thru wens another. 12hr shifts. I asked for visits to match my days off cuz I work graveyard. Mom works during the day so she... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

An attorney will advise regarding mediation. If you disagree with the mediator's report, you can request a hearing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal... Read more »

2 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Business Law for California on
Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?

During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

If the settlement was not put in writing, signed by both parties, and you made clear to the judge that you did not in fact agree to the settlement number the other side agreed to, then there is no enforceable settlement (i.e. no meeting of the minds with regard to the terms of the settlement).

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2 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Business Law for California on
Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?

During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

It depends. I've had judges state the parties have reached an agreement, and put the terms of the agreement on the record and in the minutes. Even when this has happened, it was stated the parties would sign a settlement agreement memorializing what had been agreed to. Speak with a local... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Arbitration / Mediation Law and Civil Rights for Minnesota on
Q: Can I sue the hotel after a violent robbery

No phone in my room to call 911 and hotel was understaffed

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 19, 2022

Yes.

1 Answer | Asked in Arbitration / Mediation Law and Divorce for California on
Q: I was coerced into signing a fraudulent divorce deal memo, what are my option prior to the hearing to show good cause ?

I am self represented in a high profil divorce case in Los Angeles. The deal memorandum i was coerced into signing is fraudulent. The court as set an order to show cause - re entry of judgement in 2month but I refuse to sign the judgement knowing that the deal in itself isn’t fair at all and... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

More information is needed to meaningfully respond to your question. Speak with an attorney in your area who can provide immediate assistance. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek... Read more »

1 Answer | Asked in Arbitration / Mediation Law on
Q: What is ad hoc arbitration
Tim Akpinar
Tim Akpinar
answered on Sep 11, 2022

In an ad hoc arbitration, the parties to the dispute make their own arrangements for the arbitration, instead of having it administered by an institutional entity that ordinarily oversees ADR matters. The disputing parties can apply their own rules to the proceedings. Good luck

2 Answers | Asked in Arbitration / Mediation Law and Family Law for California on
Q: Can I use family law court services mediation (alameda county) without filing a suit.

My girlfriend (and mother of our 3 children) have split. We can't agree on specifics of shared custody. We don't want to file a custody suit, just to go to mediation to see if we can work it out. Do I have to file a lawsuit to use family court mediation services in Alameda County?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 8, 2022

You can always hire a private mediator or have a trusted friend do it. That may work out for your situation a little better.

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1 Answer | Asked in Arbitration / Mediation Law and Divorce for South Carolina on
Q: When going through divorce, other party doesn't do their part in discovery at all. Is that illegal?

I had family law attorney. My ex said I committed adultery which is false. His attorney said I was barred from spousal and alimony. Yet going on almost a year now no proof shown. My ex didn't do nothing in discovery for mediation. The attorney I had gave him more time to get in. My ex and his... Read more »

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Aug 25, 2022

Each party has an obligation to respond to discovery under the Rules of Civil Procedure. When one party fails to do so, then the Family Court has to be made aware of the failure (by way of a motion), and then the Court can order the non-compliant party to provide the discovery and issue sanctions... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for Louisiana on
Q: Hello , I want to find out if the HOA every year it seems is asking the owners to pay for all of these projects

Hello, the HOA that over my residence just had new carpet install in the building , with new furniture , and fixed the drive way . The HOA told all the owners to pay 1,600 for the new carpet in January of this year . Now the HOA wants all the owners to pay 2,000 in January 23 because they are... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 22, 2022

A review of your governing documents which describe the steps the Board/HOA has to follow in order to make these assessments is needed. Since you have multiple property owners worried about this, I recommend that a group of you contact an HOA or real estate lawyer to do this----said lawyer would... Read more »

3 Answers | Asked in Contracts and Arbitration / Mediation Law for Florida on
Q: is it legal in florida contract law to impose a 50% penalty for a payment not made on time?

I have agreed to pay a certain amount by october 29 2022 but my creditor wants to impose a 50% penalty if the payment is even one day late. is that legal?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 21, 2022

Legitimate private creditors can impose any "late penalty" they want. They do it to make sure they get their money back from you.

BTW, if you complain to the creditor about this policy it will make it look like you are intending to be late, which is why the creditor charges a 50%...
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1 Answer | Asked in Criminal Law, Personal Injury and Arbitration / Mediation Law for Massachusetts on
Q: I drove a girlfriend's car cross country for her to drive there. She broke it off and jerking me around

What should I do to stay out of trouble? She is not cooperating.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 15, 2022

Not sure what your question is. The relationship is over so don't contact her anymore, don't contact her friends or relatives and stay clear of any stalking type behavior or aggression to avoid legal problems.

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Tennessee on
Q: I’m leasing to purchase a truck and was told I can’t pay it off early. Its not in the lease agreement. Can I pay it off

The truck is $692 a week for 208 weeks which is for 4 years. Im 3 years and 2 months in and want to pay it off early. Im was told that I could not pay it off early but every company or place that has a lease has an early pay out option. It’s not in the lease agreement that I can’t pay it off early.

Henry Ambrose
Henry Ambrose
answered on Aug 11, 2022

You should take the agreement and all the paperwork you have from the time of leasing to a lawyer for consultation.

Q: Can a coworker obtain a no contact stalking order and us continue to work at the same company, or do I have to quit?

A coworker filed a petition for a no contact stalking, alleging that I have harassed and intimidated them while at work, damaged their property. Coworker has never mention these allegations to our supervisor/HR dept., never made them aware that they were filing a petition. Coworker did not aware... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

It appears that you may have to retain counsel to protect your legal interests with respect to that no contact petition that will affect your employment directly.

2 Answers | Asked in Arbitration / Mediation Law, Banking, International Law and Stockbroker Fraud for Florida on
Q: How do I get a Brazilian arbitration court default judgment enforced in US (Probably Florida)

I'm a citizen of Florida. A Brazilian company I was a partner in was stolen by forging my signature when I was out of the country. That company is now trading on the NYSE (with my forged signature). I sued and won in Brazilian Arbitration Court under UNCITRAL treaty. The judgment was to... Read more »

David H. Relkin
David H. Relkin
answered on Aug 4, 2022

There are a few distinct issues involved in your inquiry: the recognition of a Brazilian Arbitration Award and the attachment of US Company assets. (In order to answer, I will of course assume all the facts you stated are true unless they are contradictory.)

Even before reaching the...
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Q: The Court says the recording of my hearing does not exist. How do the Memorandum for my Appeal?

No one can tell me what comes next. If I can't write the Memorandum, then I have no defense. Legal advise isn't common in my case. PLEASE HELP!

Stephen M Vincent
Stephen M Vincent
answered on Jul 25, 2022

I don't know if you are appealing a civil matter or criminal matter. Regardless, the answer is the same: You prepare a "narrative" of what happened in Court, file it with the superior court, and the other party may then object to what you've written. You need to file this no... Read more »

1 Answer | Asked in Arbitration / Mediation Law for South Dakota on
Q: Am I still bound by an arbitration clause if the author of the contract is the one in breech of said contract?

Service contract includes an arbitration clause, and states I must seek arbitration in South Dakota. The author is the one in breech of said contract and I live in California.

David H. Relkin
David H. Relkin
answered on Jul 25, 2022

You are asking a very common question. The question ordinarily comes up in the context of fraud, and not breach of contract. For instance, if the contract was fraudulent, is one bound by the terms of the contract, including the arbitration provision? While many believe that a contract induced by... Read more »

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