Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
Your current state is Ohio
I am involved in a child support and custody case. The other party has not followed prior court orders and has failed to serve me. There are currently no court dates scheduled, and I would like to know if mediation is mandatory in this situation, or if I can move directly to seeking legal... View More 
answered on Mar 10, 2025
mandatory mediation is scheduled once a party files a Request for Order for custody/visitation. If no such motion has been filed, no hearings are pending, and you have not been sent an order from the court regarding mediation, then you are not required to go to mediation or set one up.
I'm involved in a small claims case where the defendant and I have agreed to settle through mediation scheduled for April 3rd, 2025. I'm seeking legal representation for the mediation process. Can you advise on how to find a suitable lawyer?
I had an attorney who provided services for me in San Francisco federal court under Pro Hac Vice. His law firm, based in NYC, requested and received a $150,000 trial retainer, but the trial never took place. Now, they're suing me for approximately $100,000 more in the New York City Supreme... View More
answered on Mar 9, 2025
My understanding is that they cannot skip arbitration. It's mandatory. After arbitration, any party can file in court. You may be able to have the lawsuit dismissed without prejudice and force arbitration.
Jack
During a legal separation initiated in Virginia, I, as the noncustodial parent, did not have a formal court order for child support. However, funds from our joint account were available for the custodial parent to use for the children and household expenses. After moving to Florida and gaining... View More
My husband has been sentenced to serve 53 days in county jail on weekends in Crittenden County, Kentucky. He has been diagnosed with mental health issues since 2019, and his condition is declining. His attorney requested house arrest or some modification due to his mental health, but the court... View More
answered on Mar 7, 2025
It is unlikely but you could certainly file a new motion based on the new evidence you have. An appeal would likely be fruitless bc he will have served out long before it is ever heard.
I was ordered to mediation with my ex regarding custody of our son within 30 days from 01/24/25, and both of us were required to file financial affidavits. I submitted my affidavit on 02/17, but my ex has not filed his yet and hasn't been in contact with our son since 2023 after moving to... View More
answered on Mar 5, 2025
If there is a court order to mediate and it is scheduled then you should appear. Tell the mediator that you cannot move forward without his financial affidavit. You can also fie a motion to compel his financial affidavit. If the facts are as you say then the court should rule in your favor... View More
I live in Las Vegas, Nevada. My child's mother filed for temporary custody, a motion to relocate, and a custody complaint. I filed oppositions to all three. There has only been unsuccessful mediation, and there is a hearing scheduled for March 18th. There are no court orders or custody... View More
I hired a lawyer through a title company to handle a quiet title/easement case, excluding private nuisance claims. The lawyer hasn't filed a response or notified the court of their representation, leaving the record showing only the neighbor's side. We signed an agreement to settle after... View More
answered on Mar 3, 2025
It’s unusual that you didn’t sign the settlement agreement
You should have a real estate litigation attorney review the settlement and all related documents to make sure you were/are properly protected.
George Wolff
My ex-husband and I share the responsibility for "work-related childcare expenses" according to our court order, but there are no specific clauses regarding non-professional caregivers. Last summer, his girlfriend watched the kids for free, while I used vacation time and family help. In... View More
I hired a lawyer for my case, but I eventually fired her because she demanded her entire fee from the last settlement. I handled much of the negotiation myself, and she has already received fees from earlier settlements. Our contract states we must use arbitration for disputes. She also... View More
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answered on Mar 2, 2025
Arbitration can effectively address both your fee dispute and concerns about your former lawyer's professional conduct. In California, arbitration provides a structured process where a neutral third party can evaluate the fee agreement, work performed, and determine a fair resolution based on... View More
I am involved in a mediation regarding a quiet title case for equitable easement or prescriptive easement, combined with a private nuisance claim. During the confidential mediation with the title company, my neighbor's adult son participated, although he is neither named in the case nor... View More
answered on Feb 28, 2025
There is nothing illegal about this.
Has his presence or actions damaged you in any way?
I have been working as a supervisor at a health corporate for 9 years. Despite consistently receiving high appraisals (3/3 every year) and effectively managing work with our 50 hospitals, I am being denied promotion. My peers have been promoted to Manager positions, but I have not received a... View More
answered on Feb 28, 2025
Your next steps should be to prepare a chronology of events supported by documentary evidence.
Next, you should review it with a lawyer to confirm you have enough evidence to establish a good faith claim, then you prepare a complaint to HR about the discrimination - hopefully reviewed by a... View More
I reached a settlement agreement during mediation with my neighbor concerning a prescriptive/equitable easements claim on my driveway, which my neighbor uses. The agreement states that the term sheet and final settlement shall be binding and admissible per Evidence Code 1123. The agreement also... View More
answered on Feb 28, 2025
Yes, it is recordable very likely and you may be able to go to court to enforce it.
I enrolled in a welding certification course at Palmetto Training, believing they offered welding certifications. However, I later discovered that they only provide safety certifications, not welding. Although I signed a non-refundable policy, I communicated that I was enrolling with the... View More
I have a workers' compensation case that has been ongoing for over 10 years. Neither side seems to be pushing it to completion, and I don't understand why the arbitrator hasn't pursued trial or settlement. I've reached MMI several years ago, continue to see doctors due to... View More
answered on Feb 26, 2025
You talk about "ongoing injuries" and the need for "more surgeries." Are these ongoing injuries also work injuries, even if they are unrelated to the open worker's compensation claim? Many employers prefer to settle all open claims at once. Nothing in law or medicine... View More
I have full legal custody of a child, granted through mediation papers signed by the child's mother and me. I've had custody for over a year and have been in the child's life since birth. However, due to a recent fight, the mother is now withholding the child from me. There's no... View More
answered on Feb 26, 2025
You need to go to court to get a court order. The agreement may be used to show what was previously agreed to but the court can always .modify it based on current circumstances. Talk to a lawyer.
I found emails between my ex-husband and his attorney where they conspired to keep me unaware of court dates, acting surprised when I attended. On the final court date, which I found through an online search, I agreed in desperation to a $60,000 settlement due to financial constraints. My... View More
answered on Feb 26, 2025
You can pursue a bill of review if you can prove that your failure to appear or answer was the result of extrinsic fraud or official mistake without any negligence on your part and the time to pursue other remedies (like a motion to set aside the default judgment) elapsed before you first acquired... View More
I was a top-performing employee who was recently fired on January 6th after reporting illegal behaviors within the company. I was offered a severance package, with a decision due by February 28th. The main issue is the continued retaliation I experienced, including recordings of the CEO publicly... View More
I signed an arbitration agreement for the rehab facility my mom is in on February 19, 2025. I want to know if I can revoke it because I have some concerns about my mother's care, although I didn't receive any verbal explanation about the agreement when I signed it and haven't... View More
I have already signed an arbitration agreement with a rehab facility. There was no indication or option mentioned about opting out within a certain timeframe, and I'm unsure if there are any specific terms in the agreement about how to withdraw or opt out. Can I still opt out of this agreement?
answered on Mar 10, 2025
A Florida attorney could advise best, but your question remains open for two weeks. It sounds like a done-deal, based on the limited facts. Arbitration agreements are binding in most instances, subject to local law and the way they're drafted (some agreements make arbitration an option, some... View More
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