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Arizona Arbitration / Mediation Law Questions & Answers
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 »

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 Arizona on
Q: How long after arbitration can I collect my money

I was

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2022

An Arizona attorney could advise best, but your question remains open for two weeks. First, you could check arbitrator's decision. Toward the end, there should be a paragraph on the amount awarded, what it includes, interest due (if any), and the timeframe within which payment is to be made.... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Libel & Slander for Arizona on
Q: If your husband uses fraud as a reason for annulment will that link your name in docs legally to fraud?

Should you fight the reason if it isn't fair even if you both just want it to be over.

Rich J. Peters
Rich J. Peters
answered on Feb 17, 2022

Using the word fraud in a petition for annulment is very common, and is not necessarily accusing you of anything illegal. To obtain an annulment, he must allege and prove that there was some legal impediment to the marriage. By using the word fraud, he is alleging that there is something he... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Arbitration / Mediation Law for Arizona on
Q: Re U-Haul charges for stolen truck under my name. I did get the insurance on the truck and will be pressing charges

U-Haul still wants to charge me for stolen vehicle and who know what else.

I want to know what is the first best route to start this legally. Should I arbitrate or go to court...based on not much experience.

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2021

An Arizona attorney could advise best, but your question remains open for two weeks. There could be provisions in your agreement that address arbitration. Some contracts have clauses that require arbitration over court - some contracts do not have such clauses. Good luck

Tim Akpinar

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Arizona on
Q: I'm the defendant in a civil suit filed by a former auto finance company. If they prevail, could my wages be garnished?

Loan was in default December 2018. Car was totaled in a very bad accident, and had no insurance coverage at the time. Lender charged off debt as "due to natural disaster" according to my credit report. They didn't file until December 21, 2020. We weren't served until June 18, 2021.

Peter H. Westby
Peter H. Westby
answered on Jul 12, 2021

Yes, if the plaintiff prevails and a judgement is entered against you it is possible that your wages will be garnished. I recommend that you consult with an attorney immediately to review this matter and get assistance to defend or settle this claim.

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Arizona on
Q: Will a verbal contact be honored in the event of one party's death or incapacitation?

The short version:

My boyfriend financed a car for me. We had a verbal agreement that the car would be mine as long as I paid all payments, expenses, and down payment. It is 30 months later and I have never missed or been late for a payment and I have payed ALL related expenses.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 19, 2021

Yes it can.

If you can make sure it is in writing or recognized as such.

It would be better if the car is in your name and all payments came from you, from your checking account or transfers so that you have proof.

It may cost you to enforce the contract.

1 Answer | Asked in Civil Litigation, Arbitration / Mediation Law and Probate for Arizona on
Q: Father in law recently passed. Widow not abiding his wishes to give his kids belongings, items prior to marriage. Hers?

Father in law did not have a will. He always told everyone what he wanted to leave to his biological kids. Widow now says he never said those things. She is refusing to give anything to anyone. Can his kids fight for what their dad always promised them? Widow is now giving those items to her... Read more »

Ilene L McCauley
Ilene L McCauley
answered on Jul 30, 2020

I am so sorry for your loss.

You will have to hire an attorney to represent your interests. You have rights, but they may only be enforceable by court order.

1 Answer | Asked in Arbitration / Mediation Law for Arizona on
Q: What do you do if someone committed perjury against you in a mediation hearing but, the residing attorney overlooked it

My case was heard in mediation March 2019. I am a touring musician and left the country and area for many months not returning until March 2020. The defendant committed perjury within her memoranda. The residing attorney never read our memorandas in our presence to check for discrepancies. It was... Read more »

Jay Hall
Jay Hall
answered on Jul 20, 2020

The unfortunate reality is that litigants nearly always distort or embellish the truth, even in open court while under oath. There isn't any real procedural remedy. Whenever this happens, you can prepare evidence to disprove the allegations contained in the mediation memo.

1 Answer | Asked in Arbitration / Mediation Law for Arizona on
Q: can people sue a solar company if the contract states that it is to settle through arbitration?

It is a 20 year agreement to pay off the panels. I know there’s arbitration in it. I’m scared that if they still get high utility bills they want to sue the company.

Tim Akpinar
Tim Akpinar
answered on Apr 19, 2020

As a general rule, arbitration clauses are upheld. Additionally, decisions of arbitrators are regarded with the same binding effect as court decisions. If the clause was challenged, an Arizona attorney could offer more meaningful insight after reviewing the contract in detail. Good luck

Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Arizona on
Q: will I get 1/2 of the equity?


I am filing for divorce, we bought a house together under his name only after we had a foreclosure under my name. We were married a year after. we both have always paid 1/2 of the bills and even the down payment for the house was 1/2. we refinance and added my name 3 years ago. I do... Read more »

Mike Branum
Mike Branum
answered on Jun 20, 2019

In Arizona you are entitled to 50% of the community assets and responsible for 50% of the community debt unless you have evidence to clearly demonstrate why there should be an inequitable distribution.

2 Answers | Asked in Contracts, Family Law, Arbitration / Mediation Law and Small Claims for Arizona on
Q: Is it against the law to keep a work of Art & not pay for it? If so, what court would it be if it's within the family?

What statute would it fall under?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 24, 2019

Yes, obtaining "a work of art" and intentionally not paying for it is a crime--called "stealing."

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1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for Arizona on
Q: I am on a fixed income ssdi and my husband of 32 years works all the time we have been srperated for 18 years he lives.

He lives with this woman for 6 years. He delights in the fact of knowing i really cant afford a lawyer so i contiue to strggle on my disabilty. Tryin to find lawyer i can make small payments to.

Peter H. Westby
Peter H. Westby
answered on Mar 20, 2018

You need help to obtain your share of the community property and spousal support from your husband. If you cannot afford a lawyer you should contact Community Legal Services or the State Bar of Arizona Volunteer lawyers program. Either may be able to match you with an attorney who will work... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Products Liability and Collections for Arizona on
Q: who can help me now that I disputed medical bill balance & they negotiated the check with pmt in full written on it?

A medical office billed for two types of visits on one day, which they didn't perform. I got the bill and have sent them the dispute, called and left messages and then sent check for the one visit, writing pd in full on the check. They cashed it and now sent me a bill adding 32.00 for late... Read more »

William C. Head
William C. Head PRO label
answered on Aug 13, 2017

Your best bet, on such an insignificant claim, is to either sue in small claims court, or turn over the matter to your State consumer protection agency. Double billing can also be a crime, in certain circumstances.

1 Answer | Asked in Arbitration / Mediation Law for Arizona on
Q: Are filing fees paid to the court clerk recoverable as costs under the category "fees of officers" under ARS 12-332?

I received an award in arbitration and the arbitrator directed that I should submit a verified statement of costs, which I did, whereupon the other side served an objection stating that my filing fee costs and mailing costs were not recoverable under ARS 12-332. Is he correct?

Adam Studnicki
Adam Studnicki
answered on Jan 21, 2016

Filing fees are normally requested as "fees of officers and witnesses" because the clerk of the court is an officer. However, strange things can happen in litigation. Talk to a local lawyer to verify.

Please Take Notice: I am not your lawyer unless we enter into an engagement...
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