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Arbitration / Mediation Law Questions & Answers
Q: Can I challenge a ruling from a summary hearing in Indiana due to fraud on the court and errors in judgment?

In a case originally filed in October 2021, a hearing was scheduled for August 2024. Intended as a full-day hearing, we were instead subjected to multiple mediations and delays, after which we were informed that the proceeding would continue only through a summary hearing. We did not agree to this... View More

Robbin Trowbridge Benko
Robbin Trowbridge Benko
answered on May 20, 2025

Yes. You most certainly can and should. If you went through this with an attorney it doesn’t sound like he/she did much fighting for you. If you think the same thing then get a new lawyer. Since I wasn’t there, your lawyer may have done a great job. If that’s the case get that lawyer on... View More

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for California on
Q: Clarification needed for marital settlement agreement terms regarding payments in California.

I am going through mediation and have a question regarding my marital settlement agreement. The agreement states: "In consideration of the other terms of this Marital Settlement Agreement, Husband agrees to pay Wife a specific monthly amount, one-half payable on Husband’s first payday of... View More

James L. Arrasmith
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answered on May 20, 2025

This spousal support provision creates a payment obligation that begins January 2025 with a distinctive payment structure split between your first and second paydays each month. The clause establishes what California courts would classify as a contingent termination date - meaning your payment... View More

Q: How can I legally obtain liability insurance info for a senior mobile park in CA?

I am a tenant in a senior mobile home park, and the owner has refused to supply liability insurance information due to concerns about higher premiums if claims are filed. A senior lady fell on a raised and cracked cement walkway in the park, and the owner attempted mediation, which was not... View More

Joel Gary Selik
Joel Gary Selik
answered on May 20, 2025

It is possible they may have been required to submit insurance information with the licensing board.

Otherwise, suing them might be required.

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2 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for Florida on
Q: Can I expedite my divorce process being pregnant with another person's child in Florida?

I'm currently in a divorce process and pregnant by another person, with my due date set for mid to late June. I'm concerned about complications with the newborn's registration. I've discussed custody informally with my spouse, who's been absent at mediation, delaying... View More

Kunal Mirchandani
Kunal Mirchandani
answered on May 20, 2025

Your situation raises both legal and practical considerations, and I’m glad you’re seeking guidance now.

In Florida, being pregnant by another person does not automatically expedite a divorce, but it can complicate the timeline—especially with regard to establishing paternity and...
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0 Answers | Asked in Child Custody, Arbitration / Mediation Law and Family Law for Minnesota on
Q: Can my husband file for temporary full custody after his daughter self-harmed in the mother's care?

My husband has had joint physical and legal custody of his 12-year-old daughter for ten years. We live in Central MN, while the mother resides in the Twin Cities metro area. Recently, the mother refuses to communicate with my husband. He has always adhered to the custody schedule and has never... View More

0 Answers | Asked in Arbitration / Mediation Law and Employment Law for Florida on
Q: Do I have to sign an arbitration agreement after job change in Florida?

I'm in Florida and have been employed with my company for five years. Recently, I was moved to a new department in a lateral position, which I felt I had no choice but to accept. My employer just sent me an arbitration agreement to sign with a specified deadline. I haven't spoken with HR... View More

Q: How can I address my ex-wife's harassment despite a parenting plan in Nebraska?

I have a court-mandated parenting plan with my ex-wife that requires us to maintain respectful communication. Despite this, she constantly sends harassing messages via the parenting app, including threats, profanity, and name-calling. This behavior continues even after mediation attempts, and she... View More

Julie Fowler
Julie Fowler
answered on May 20, 2025

If your court order includes a parenting plan that includes non-harassment language and/or a communication protocol that is being violated, you can potentially file a show cause/contempt action or other enforcement action with the Court to ask the Court to sanction the other party for violating the... View More

1 Answer | Asked in Child Custody, Arbitration / Mediation Law and Family Law for Virginia on
Q: How can I address violations of a child custody agreement in Virginia?

I am experiencing ongoing violations of a court order agreement by my child's father for the last three years. These violations are frequent and involve child custody and visitation issues. While I haven't attempted mediation, we do have upcoming court dates related to this matter. How... View More

Richard Sternberg
Richard Sternberg
answered on May 19, 2025

By retaining counsel, I would think.

Q: Civil remedy for willful blindness in Missouri regarding property access and family disputes.

I have filed a civil claim for damages against a homeowner and a handyman due to an assault and battery incident. I believe the homeowner is willfully blind in recruiting the handyman known to be violent. Furthermore, the homeowner's management group continues to allow self-dealing agents,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 18, 2025

Willful blindness is not a cognizable cause of action in Missouri. I suggest you visit a law library and look at the verdict directors for assault and battery. Also educate yourself on respondeat superior. The verdict directors will show the elements that you must plead to state a claim.... View More

0 Answers | Asked in Arbitration / Mediation Law and Gov & Administrative Law for Arkansas on
Q: Can I petition to avoid mandatory mediation due to financial hardship?

I would like to know if it's possible to petition the court to forgo mandatory mediation due to financial hardship. We are extremely low-income and receive state services. Are there specific steps or requirements for requesting this exemption?

0 Answers | Asked in Arbitration / Mediation Law and Civil Litigation for Michigan on
Q: Can I send a notice and refile my motion to compel arbitration in Michigan?

I was sued and filed a motion to compel arbitration under a cardmember agreement in Michigan. The judge denied my motion on May 15th because I did not send a 30-day notice demanding arbitration to the other party. I had sent only a copy of the motion as I assumed it was sufficient since I am the... View More

Q: Do I need to resolve my auto accident case within the next 4 months?

I was in an auto accident on September 22, and I filed a claim immediately afterward. Bills related to the accident were submitted within a year, but some were denied. I requested arbitration in February and September of the following year. The insurance company has been delaying discovery and... View More

Tim Akpinar
Tim Akpinar
answered on May 19, 2025

A South Carolina attorney should advise, since your question involves state procedural law (SOL). But as a general matter, if suit is filed, the statute of limitations does not usually mean that the matter has to be concluded within the timeframe of the SOL. It usually means the matter must be... View More

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1 Answer | Asked in Arbitration / Mediation Law and Consumer Law for Florida on
Q: How to file motion to vacate arbitration award in Florida due to fraud and arbitrators' misconduct?

I want to file a motion to vacate an arbitration award in Florida based on document fraud and deceptive practices for financial gain. The arbitration award was procured by corruption, fraud, and undue means. There was evident partiality by the arbitrators, and they engaged in misconduct by refusing... View More

James L. Arrasmith
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answered on May 14, 2025

What you're describing involves serious concerns, and it's clear you're determined to seek justice. In Florida, you have the right to file a motion to vacate an arbitration award under Florida Statutes § 682.13. Grounds for vacating include fraud, corruption, evident partiality by... View More

3 Answers | Asked in Arbitration / Mediation Law and Collections for Washington on
Q: How can I ensure Midland Credit Management covers arbitration costs as per agreement in WA?

I am involved in a lawsuit initiated by Midland Credit Management over a debt they acquired, and I have filed a motion to compel arbitration based on the arbitration clause in the credit agreement. Midland Credit Management requires me to begin arbitration within 30 days or they plan to file... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 13, 2025

You can't. Either they do or don't. If they don't, you can countersue for the arbitration costs they agreed to pay.

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2 Answers | Asked in Arbitration / Mediation Law and Civil Litigation for Florida on
Q: Mediator's motion to compel payment after poor Zoom connection

I was ordered by a judge to attend mediation for a civil case, which I preferred to be conducted in person. However, the mediator insisted on using Zoom despite the poor connection, leading to frequent disconnections. During the session, I tried texting and calling the mediator without success, and... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 13, 2025

YOu asked the same question on another forum I believe. The order referring you to mediation probably has a requirement that you pay the mediator. you don't have to sign anything to be required to pay the mediator. Yuo don't state on whose side the poor Zoom connection occurred. My guess... View More

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1 Answer | Asked in Arbitration / Mediation Law, Employment Discrimination and Employment Law for Tennessee on
Q: Fired due to anxiety: how to determine compensation in mediation?

I am preparing for mediation with the Air Force through the EO. I was fired after 3 months of employment due to my anxiety, which I have previously discussed with my employer. I lost my high-paying job and federal benefits, and I am now working in a job with significantly lower pay. Additionally,... View More

James L. Arrasmith
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answered on May 14, 2025

I’m really sorry you’ve had to go through this, especially after being open about your anxiety and losing not just your job, but also your sense of security and well-being. Preparing for mediation is your chance to make your case and ask for fair compensation that reflects what you’ve lost... View More

2 Answers | Asked in Divorce, Arbitration / Mediation Law, Contracts and Family Law for Georgia on
Q: Is deducting future closing costs from marital equity reasonable in GA divorce?

I am currently in the process of a divorce and need advice on an equity division. We have completed a divorce appraisal to determine the value of our marital home, agreeing to split the difference between the original purchase price and the appraised value as documented in mediation. My spouse... View More

Regina Irene Edwards
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answered on May 13, 2025

I wouldn't agree to deduct future closing costs. You're both going to have expenses in the future that are not taken into account in the divorce.

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1 Answer | Asked in Arbitration / Mediation Law, Real Estate Law and Contracts for Indiana on
Q: Is a prefabricated shed part of real estate or chattel in Indiana?

In an Indiana real estate transaction, is a prefabricated shed considered part of the real estate or chattel, especially when it is not attached to and does not match the house? There was no mention of the shed in the purchase agreement or listing, nor any prior communication about it. The opposing... View More

James L. Arrasmith
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answered on May 15, 2025

In Indiana, whether a prefabricated shed is considered part of the real estate or chattel depends on how it is affixed and intended to be used. Indiana courts generally follow the doctrine of fixtures, which considers three main factors: the method of attachment, the adaptation of the item to the... View More

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Civil Litigation for Delaware on
Q: Can I seek treble damages for SaaS mispricing under DE law?

I have been using a SaaS platform for two years with a monthly auto-renewing subscription. A year ago, they announced a reduction in prices to a third of the current rate, which was set to automatically take effect by a certain date. Despite having received written confirmation and saving... View More

James L. Arrasmith
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answered on May 15, 2025

Under Delaware law, you may have grounds to seek treble damages if the company’s actions violated the Uniform Deceptive Trade Practices Act (UDTPA), specifically under 6 Del. C. 1953. The fact that the company advertised a price reduction and later failed to apply it to your account, despite... View More

2 Answers | Asked in Divorce, Arbitration / Mediation Law and Family Law for Florida on
Q: Should I request bridge-the-gap alimony during my divorce in Florida?

I am filing for divorce pro se after 25 years of marriage in Florida. I've ensured my spouse receives 50% of all assets, half of my 401K, and the household savings. Despite this substantial asset division, my spouse, who has only worked part-time due to our arrangement, is seeking full-time... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 10, 2025

There is a difference between making an offer of settlement and filing pleadings. If it comes to filing pleadings then you don’t need to mention alimony at all. That burden is on your partner. Speak with a local family lawyer for more specific advice.

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