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Virginia Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Employment Law, Arbitration / Mediation Law, Business Law and Civil Litigation for Virginia on
Q: SB123/HB838,Va,1 def.lawyer,Exec.VP co hq in fl.offense,jury trial in Va.settlement offer.terms were prejudiced.

Company offered a one sided settlement agreement. I can't honor terms due to active Anti-Retaliation Unit NCIT Certified Investigator Virginia doing his due diligence. I have ADA OWBPA ADEA eligible concerns/pandemic restrictions. Jury trial set for 07/22/2021.I am a registered corporate... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 17, 2021

I regret that I do not handle employment law matters. Sorry.

1 Answer | Asked in Arbitration / Mediation Law and Employment Discrimination for Virginia on
Q: Asking about firing from big corporations, no Counsels, no arbitration

Yes I'm the person, fire for getting 10 from a customer I help and Social with, cut her,grass, took time to her problem every month, listen to her same story every month, fired because she has gotten a big gas bill, lost marriage, house,car,Black ball

Tim Akpinar
Tim Akpinar answered on Dec 29, 2020

A Virginia attorney could advise best, but your question remains open for a month. You could repost under Employment Law, or reach out to a local employment law attorney. Find out if your initial consult would be free and if the matter would be worth pursuing... you don't want to compound your... Read more »

2 Answers | Asked in Personal Injury, Real Estate Law and Arbitration / Mediation Law for Virginia on
Q: What kind of lawyer would deal with neighbor issues? Specifically, secondhand smoke problems.

I'm an owner of my home in a COA. My COA sealed around some common pipes, but the secondhand smoke still seeps into my home and affecting my breathing. The COA can't tell me why this is happing and my neighbor's efforts has not stop the issue and has grown worse in the last five... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 18, 2020

Seeping of toxic vapors onto one property from another is Nuisance, and your best choice of counsel might be a lawyer who does real estate litigation. If there are resulting health concerns and medical bills, a personal injury lawyer might consider the case, but the financing model for such lawyers... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for Virginia on
Q: An attorney that does neighbor/ tree dispute. Is what type/ practices what? Have a tree dispute and need an attorney
Richard Maxwell Volin
Richard Maxwell Volin answered on May 19, 2020

Issues regarding trees and neighbors may fall under "Real Estate Law," "Real Estate Litigation," "Property Line Disputes," or even generally "Civil Litigation," depending on how a particular law firm may categorize or organize their practice areas. You may... Read more »

1 Answer | Asked in Contracts, Estate Planning, Arbitration / Mediation Law and International Law for Virginia on
Q: How can I find out if I have been a victim of power of attorney fraud?

My late spouse was from another country and owned property there. I allowed my brother in law to be my P.O.A., to handle that business as I could not go to said country. I haven't heard anything from anyone in 2 years. I am in West Virginia and my in laws are in Texas.

Tim Akpinar
Tim Akpinar answered on May 6, 2020

Of all the categories you chose, maybe the best one to start with could be to contact an estate planning/probate attorney. They could probably assess what kind of investigative/legal resources are needed. You could look up such attorneys here (Find-a-Lawyer, above), or through your own independent... Read more »

Q: Without my notice, my grandfather’s Culpeper VA home was sold by forced partition sale. Do I have any recourse?

Recently I received an email from a paralegal asking if I’d recieved a check. A PDF was attached with a partition sale documents showing my final proceeds to be about 1.5% of my perceived value of the land that had been in my family for decades; after expenses. About 2 years ago my 2 sisters has... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 13, 2020

It is unlikely that you can reverse the process at this late stage, and it will be useful to understand why you ignored the issue so long. But, in many circumstances, Virginia law in partition rulings is not final for two years after the final order. That might help, but you need to start... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for Virginia on
Q: Ex won't pay back security deposit refund that I paid.

So when my ex and I moved into an apartment together, I paid the $500 security deposit and we agreed that she wouldn't have to split it because I would get it back when we moved out. So when we move out, the apartment complex sends her the check by accident with both our names on it. She... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

Your mosy likely recourse for success is to file a lawsuit, probably in Small Claims Court, if the amount is $5000 or less.

2 Answers | Asked in Insurance Bad Faith, Arbitration / Mediation Law and Car Accidents for Virginia on
Q: What is the best course of action to take when you suffer property damage and loss of income.

The accident involved a tractor trailer and car. The car veered a considerable distance over into the tractor's lane. The insurance company is stalling and the tractor is the drivers livelihood. The claims agent said he would not send out an adjuster and after "his" investigation... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2019

Not sure whose adjuster/claims agent it is. However understand if police were called the police report will be used. Also if you have collision, use that, let your company go after theirs. Most states require that property damage be settled promptly and fairly You can always file a complaint with... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for Virginia on
Q: 7yrLTerm/carpet&repaintcharges.arbitration clause in lease. How does that work?

Arbitration keeps disappearing.

Tim Akpinar
Tim Akpinar answered on May 22, 2019

As a general matter, the way arbitration clauses work is that they make it mandatory for the parties to a contract to use arbitration as a forum for adjudicating disputes that arise out of that contract. Depending on how the contract is drafted, this usually means that the parties agree to forfeit... Read more »

3 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Civil Litigation for Virginia on
Q: would i be responsible for closing cost if my ex is refinancing to get my name removed. not lived there for over a year

We bought a home together a year ago, and I moved out after splitting 4 months after we purchased. I signed a written agreement that was notarized I wasn't responsible for mortgage / bills after i parted ways. She is keeping the house and I want to clear my name from the deed/Note. Is she... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 5, 2019

Based on my experience, unless you are one of the parties who is the borrower of the refinancing, you are not obligated to pay for any closing costs.

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1 Answer | Asked in Arbitration / Mediation Law, Business Law and Internet Law for Virginia on
Q: A website policy is dated 2011 yet the most current policy is dated 2017. Which policy takes legal precedence?

Concerning an auto auction arbitration policy: "NAAA Arbitration Policy" is dated 2017 and covers arbitration rules. The company website lists "Marketplace Policies" that also address arbitration but is dated 2011. The two policies conflict in some areas. Which policy takes precedence?

Tim Akpinar
Tim Akpinar answered on Nov 24, 2018

It could be difficult for an attorney to answer without reading both policies. You could present both policies to an attorney in your state.

Tim Akpinar

1 Answer | Asked in Arbitration / Mediation Law for Virginia on
Q: A company in Iowa has a judgement against me. I live in Virginia. Can I be forced to dip into my retirement accounts?

Do I have to disclose my retirement accounts on the balance sheet they have requested from me?

Thomas A. Grossman
Thomas A. Grossman answered on Jul 12, 2018

Generally speaking, a Judgment stays valid of many years, depending on the state where the judgment was entered. And, while not every creditor who wants to execute a judgment (collect on the judgment) is willing to go to another state to do so, they have the right under the "Sister States... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Virginia on
Q: I have a potential dispute with an water equipment distributor.

I purchased a dealership from a national distributor. The cost of the business was $ 22,500.00 and I borrowed an additional 25,000 in startup capital. After starting the business, I discovered the distributor made several false claims. They claimed to be a national manufacturer. They are... Read more »

Timothy R Johnson
Timothy R Johnson answered on Mar 12, 2018

At face value, it sounds like you might have some valid claims. But the only way to find out with some real certainty and fully assess your legal options is to consult a business/commercial litigation attorney. Attorneys need to review all the pertinent documents, correspondences, marketing... Read more »

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Construction Law for Virginia on
Q: We purchased a flipped home that we were made to believe was in good condition it is not

There is wood rot that was simply painted over, paint that wasn't done right and is peeling off the ceilings and walls, floors that have bubbled from not being laid right, an a.c. unit that wasn't up to code that flooded our house, a oven that makes it so we can't open a dishwasher... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 25, 2018

Sounds like you need a lawyer to evaluate whether you have a claim for treble damages plus attorneys fees and costs.

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Child Support for Virginia on
Q: If my ex files for divorce in Florida, while I'm in Fairfax Virginia, which state determines child support?

I would assume that since I am in Fairfax, Virginia with the children, the child support amount would be determined by Virginia's guidelines.

Sharon R. Moss
Sharon R. Moss answered on Dec 11, 2017

It depends on whether or not the court in Virginia can obtain personal jurisdiction over your ex. If so, then they can award child support based on Virginia guidelines. Otherwise, it may likely be based on the laws of the state in which he lives.

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