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Arbitration / Mediation Law Questions & Answers
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 »

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for Texas on
Q: I have a friend who needs legal representation for a insurance claim matter
Tim Akpinar
Tim Akpinar
answered on Jun 30, 2022

A Texas attorney could advise best, but your post remains open for two weeks. Attorneys here can't reach out to solicit your friend's matter. The format here is only question and answer, not attorney referral. But the closest thing here is the Find-a-Lawyer tab above. Your friend could... Read more »

2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

David H. Relkin
David H. Relkin
answered on Jun 30, 2022

Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to... Read more »

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1 Answer | Asked in Contracts, Arbitration / Mediation Law and Health Care Law for Colorado on
Q: I can't afford my chiropractor anymore but I have a 12 month contract with them. Can i get out of it safely?

The service with them has helped i just can't afford it every month and have a standing contract/payment plan with them.

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. It could be difficult for an attorney to offer guidance without seeing the contract's terms about termination, cancellation, refunds, penalties, etc. You could reach out to local attorneys to review the... Read more »

Q: Why is my settlement agreement form taking so long?

I’m beginning to get so frustrated with my lawyer and I was hoping one of you can shed some light on what may be happening since this is my first lawsuit/settlement.

I was part of a major class action that I opted out of and sued on my own with my own attorney. After over a year, we... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 21, 2022

You frustration is perfectly understandable. Your attorney may be frustrated also. Unfortunately, this sort of thing happens in cases all the time. You might want to discuss with your lawyer giving the opposing side a deadline to complete or otherwise there is no settlement.

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1 Answer | Asked in Family Law and Arbitration / Mediation Law for Washington on
Q: appealing to the court in CA to remove my name on sued list that I reside in WA

someone sued me and 2 brothers (they reside same CA state) about the money matter in the family. I would request to remove my name since I live out of the state.

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2022

A Washington attorney could advise best, but your question remains open for two weeks. You may want to consider discussing this with a Washington attorney. It isn't fully clear if this is an arbitration (which is your posted category) or a formal legal action, possibly based on a long-arm... Read more »

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: What is the California process for an In Pro Per to execute Subpoenas in Arbitration? Is there Arbitration pro bono?
Steve A. Buchwalter
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Steve A. Buchwalter
answered on Jun 8, 2022

In California arbitrations, all subpoenas need to be executed by the arbitrator(s).

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Health Care Law for Texas on
Q: husband rescheduled mediation for 6/22. I can't wait that long due to health issues/ins. How do I ask courts sooner date

Filed 3/18/22 in Montgomery County. Texas. He is removing me from insurance, I am a double transplant survivor and cannot be without health insurance. He says come June 1st I will no longer have health insurance and will not add me unless ordered by the courts. No lawyer, I am not able to work due... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 1, 2022

You need to have your family let you borrow money so you can retain a lawyer,

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for New York on
Q: About divorce?

If I am separated and moved out the house and my wife find out where I live and send me divorce papers, if I ignore them and choose not to answer what will happen? Thank you for your help.

Howard E. Knispel
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Howard E. Knispel
answered on May 30, 2022

This is posted in the New York forum so I will answer assuming this is a New York case. If you ignore the Summons, you will lose by default and she will get whatever she is asking for and you will have no say. Talk to a lawyer.

Q: I need to file an appeal on an administrative hearing decision with the NV State Board of Massage Therapy.

I asked what the process was for an appeal and was told I could appeal using NRS233B.130. What type of lawyer do I need?

Tim Akpinar
Tim Akpinar
answered on May 28, 2022

A Nevada attorney could advise best, but your question remains open for three weeks. You could reach out to attorneys who handle government/administrative law (which you've already chosen), education law, professional license/certificate matters, civil litigation, and probably a few other... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Louisiana on
Q: Hello, What should the title of my HOA Resolutions be, I am presenting them to the HOA Board Members tonight?
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 24, 2022

There's no 1 correct answer here however I would think the title should reflect the intent of the resolution.

1 Answer | Asked in Arbitration / Mediation Law for Louisiana on
Q: Good afternoon, is there an HOA Resolutions Template for Louisiana?
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 23, 2022

A template? You can do an internet search for one and find something is my guess but then you need to decide if the template is what you are seeking and best for your HOA. Or you can consult with an attorney and have the attorney, in conjunction with the HOA, come up with a form.

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Civil Litigation for Maryland on
Q: How can I get receipts

MOM has Alzhiemers. Sister and her Daughter are ones that take care of her.They tell us what they want us to know. They don't show any receipts, paperwork or proof of what they claim they do. Nothing is discussed with our Sister or Myself before Sister makes Decisions. Such things as... Read more »

Mark Oakley
Mark Oakley
answered on May 21, 2022

Any Maryland lawyer can answer your question. If you are looking to hire a lawyer from Baltimore, that is a different issue. The first question any lawyer would have for you is, does anyone (e.g., your sister) have a power of attorney executed by your mother appointing them as your mother's... Read more »

1 Answer | Asked in Criminal Law and Arbitration / Mediation Law for Georgia on
Q: What does provide truthful testimony mean?

It’s on my court paper.

Tim Akpinar
Tim Akpinar
answered on May 6, 2022

A Georgia attorney could advise best, but your question remains open for a week. In general nationwide, the meaning is pretty much what you'd expect it to be - offering truthful statements while speaking or being questioned under oath, usually in a courtroom setting.

But that's...
Read more »

1 Answer | Asked in Arbitration / Mediation Law for Pennsylvania on
Q: Hi.  We went to mediation and signed a document saying ...

"The parties agree to resolve this matter and to prepare a settlement agreement to include the following terms: ..."

The agreement the opposing side came up with includes some unfair and crazy stuff, including:-We would like some things clarified, added and deleted but the other... Read more »

Tim Akpinar
Tim Akpinar
answered on May 4, 2022

A Pennsylvania attorney could advise best, but your question remains open for four weeks. However, it's difficult for an attorney to offer guidance based on a brief post. You could reach out to Pennsylvania attorneys to discuss, but they may want to see the agreement and learn more details... Read more »

1 Answer | Asked in Small Claims and Arbitration / Mediation Law for Tennessee on
Q: I took a loan out like 4 years ago and when I did I signed and they signed an arbitration agreement Then went to court

The arbitration agreement said that I can’t take them to court and that they can’t take me to court but they did take me to court so they breeches the contract right?

Anthony M. Avery
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Anthony M. Avery
answered on Apr 27, 2022

If in Sessions Court, you have to point out the contractual term to the Judge. If in a Court of Record, then file the Answer asserting the arbitration requirement. If defending yourself, you must actively assert your contractual rights or they will be ignored.

1 Answer | Asked in Arbitration / Mediation Law for Tennessee on
Q: Where can I find out if the judge signed off on mediation for a class action suit.

Everything was signed off by the judge the first week of April. Where can I find this information at.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 18, 2022

Not sure of your question. But you should obviously call the Court Clerk where the suit is pending and ask them under the Docket Number.

1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Small Claims for Texas on
Q: I am in the middle of a negotiation and need help

I am a truck driver. In one of my deliveries, my trailer was damaged by one of the employees of the warehouse. They have accepted responsibility but have neglected my claim for the diminished value of mu trailer. I was going to sell it for 70k but now due to the accident the value of the trailer... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2022

A Texas attorney could advise best, but your question remains open for four weeks. I'm sorry for the damages to your trailer. You have a number of options. The first would be the cheapest, which is trying to continue negotiations. At this point, you may have already resolved the matter. But if... Read more »

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Civil Litigation for California on
Q: Mt son received unemployment benefits that were deposited to a debit card serviced by Bank of America.

Last October my son discovered that over 16,000 dollars were missing from his account. He promptly reported the missing funds to BofA and filed a police report. Bank of America has repeatedly denied his claim. What can he do to get his money back?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

File a claim with the Federal Deposit Insurance Corporation. His money is insured up to $250,000.

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