Lawyers, Answer Questions  & Get Points Log In
Arbitration / Mediation Law Questions & Answers
0 Answers | 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 »

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.

0 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Contracts for California on
Q: if a hold pursuiant to bp 21609 is placed, before the 3day period to receive payment occured, does the business stillpay

and after any case related to the hold completes, such as it was dismissed before a prelimnary hearing due to a misapplication of law. 21609 says the materials shall be released to the business, if the business was not required to pay during the 21609 hold, then at the later date, do they pay the... Read more »

0 Answers | Asked in Family Law and Arbitration / Mediation Law for Texas on
Q: How do my wife and I as managing conservators act on a final order and enforce an agreed upon action?

My wife and I are joint managing conservators of our nephew. My brother is the non custodial parent with possessory conservatorship. We make all the decisions and care for him and my brother gets visitation and gets to be informed of what is going on with his son. We are in this situation because... Read more »

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 »

View More Answers

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 »

0 Answers | Asked in Arbitration / Mediation Law and Consumer Law for Pennsylvania on
Q: Went to an arbitration hearing for a credit card debt and was told only 2 of the 3 arbitrators were present.

Felt coerced by plaintiffs attorney to continue hearing with only 2 of 3 arbitrators present. Told attorney We wanted to setup a payment plan for 60% of debt right before hearing. They said ok but coerced Us to go thru arbitration hearing anyway. Did They manipulate Us & Is this legal?

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).

View More Answers

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 »

View More Answers

0 Answers | Asked in Arbitration / Mediation Law and Divorce for Mississippi on
Q: Can someone not be held accountable for their lies when filing for divorce in ms

My husband told vicious, insulting, embarrassing lies on me when he filed for divorce.. is he held accountable for liable? And perjury?

0 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: I lost an unlimited civil suit at arbitration because I failed to participate except for begging via email for more time

My lawyers then they forced me sign substitution of atty and then sued me for my insurance money instead of going after MetLife like they were supposed to. MetLife had even admitted fault and was waiting to pay damages. Is that a conflict of interest for my lawyers to force me to sign, an action... Read more »

0 Answers | Asked in Arbitration / Mediation Law and Real Estate Law for Michigan on
Q: Our Township adopted a resolution for a special assessment. They have made an amendment and now want to pass the same re

We went to the state tribunal over a Special assesment resolution. The judge ruled in our favor now they have Amended the wording of the resolution and want to pass the same resolution again. Is this legal? Would we be included if the judge demanded we be removed from the Roll Call.? Or do we... Read more »

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.

0 Answers | Asked in Arbitration / Mediation Law on
Q: Hello I myself seen two episodes on television Ontario TVO about me and my sisters being princesses

The second time I seen the TVO episode maybe a year later our family cat did a pose like Cleopatra cat this was declaring Queen hood but there's no record of us being royalty online is there a chance this could be fraud and how? I am prodominatley white third generation European is there a... Read more »

0 Answers | Asked in Arbitration / Mediation Law and Divorce for North Carolina on
Q: Divorce in North Carolina 401k 50/50 split. On what date is the 401K split calculated?

Is the 401K split calculated on the separation date or is it calculated on or around the Divorce date?

One year can make a big difference in the 401K amount. Thank You

Q: City water claiming not liable for damage from sewage backup in SC after unknown cable company drilled into. Sue or no?

Charleston water system was fixing a broken sewage main that was before it branched to mine and neighbors home. They had called, not I, and no one notified me they were fixing it. Sewage then backed up into my home causing 3k in damagesafter they "blew it out." City water insurance is... Read more »

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 »

0 Answers | Asked in Arbitration / Mediation Law and Family Law for New York on
Q: I have petitioned family court for custody of child that lived in my home since week old and I cared for til mother took

On Aug 18th haven't seen child in 25 days and can't seem to get child's lawyer ir my lawyer to help

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Arbitration / Mediation Law for Ohio on
Q: Is this a legitimate complaint..my judge not giving me what I need for my specific needs to be successful

I was court ordered 90 day day reporting. I don't not have a license or vehicle and I do not live in the county. I have been trying to get transferred to my home county for 2 1/2 years. Probation says they will transfer me but never do.i was do to be off probation but a week before I went to... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.