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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law on
Q: What should be counter reply if party wants arbitration clause and jurisdiction clause in NDA not to be in india.

If the party wants NDA arbitration clause and jurisdiction clause in bangalore but the other party wants in singapore. What counter reply can be given to keep both clauses in india

Tim Akpinar
Tim Akpinar
answered on Jun 10, 2023

You would be best served by attorneys who are familiar with the arbitration process in Singapore and in India, as well as laws in those jurisdictions. This forum deals largely with U.S. law and U.S. courts. But as a general point for anywhere in the world, both sides and their attorneys (if they... View More

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: how can I take wells Fargo for arbitration which is part of contract, but now they refuse to even answer my request for

arbitration they are the one who asked for arbitration, but when they found out i am 90 years old and poor health, they are ignoring my appeal to go for arbitration clause or choose an arbitrator.

Steve A. Buchwalter
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answered on Jun 2, 2023

If there is an arbitration agreement, it should be in your account opening documents. If your dispute is with the securities part of Wells, you can can get more information on filing it here: https://www.finra.org/arbitration-mediation.

You should get an attorney to represent you as they...
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1 Answer | Asked in Arbitration / Mediation Law and Divorce for Pennsylvania on
Q: Why are there two counts on my PA Divorce Papers?

I, the Defendant in this, have two Counts from my soon-to-be Ex-Wife's lawyer regarding Divorce.

Count I: DIVORCE UNDER SECTION 3301(c) OR (d) OF THE DIVORCE CODE

Count II: DIVORCE UNDER 3301(a)(6) OF THE DIVORCE CODE

I know the code. I keep reading it, but we were... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 29, 2023

The 3301(a)(6) grounds were probably included in case you weren't agreeable to signing for a no fault divorce. In PA, you're allowed to included seemingly conflicting grounds in your requests for divorce in the complaint. It's perfectly acceptable to then ultimately proceed under one of the two.

2 Answers | Asked in Arbitration / Mediation Law for Rhode Island on
Q: Please where can I find arbitration related cases for research?

I am a law student trying to do an assignment

John Michael Frick
John Michael Frick
answered on May 24, 2023

I would search the West digest topic "Arbitration" which provides keynotes for reported opinions relevant to the topic of arbitration.

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Q: Sister has filed ejectment against me I have a court date Friday may 26 is there anybody who could help represent me ?

The estate is still in my late father's name I have lived in my house for 12 years thinking I was going to be able to buy house . my sister is executor and would never sign off on house so I go could buy it . Now she wants me out of there I have court on Friday may 26 th I live in Washington... View More

Peter J. Weinman
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answered on May 23, 2023

Volunteer lawyers at Justia are not permitted to solicit your business. Start your search here: https://www.justia.com/lawyers

3 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: A Contractual Arb Award no one owes Def files Petition to Confirm, Plaintiff to Vacate, is response to filing also reqd?

With Arbitration complete, Defendants file Petition to Confirm Contractual Arbitration Award while Plaintiff files to Vacate - do both parties still need to respond to each others Petition in addition to each submitting their own?

And, please, is there a reference available on Section... View More

David H. Relkin
David H. Relkin
answered on May 23, 2023

Cross-Petitions to Confirm and Vacate do need to respond to the extent possible, to the claims of the other party. The burden is on the party seeking to vacate, therefore, in addition to demonstrating (in the Petition to Vacate) the grounds for vacatur, the allegations of the Petition to Confirm... View More

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1 Answer | Asked in Criminal Law, Family Law, Arbitration / Mediation Law and Child Custody for Arizona on
Q: Can a person use a private investigators findings in court
John Michael Frick
John Michael Frick
answered on May 19, 2023

I’m bothered by the word “findings.”

Generally speaking, a private investigator would be called as a witness and is able to testify from personal knowledge what he did, what he saw, what an adverse party told him, and what other people said which may be an exception to the hearsay rule.

1 Answer | Asked in Arbitration / Mediation Law for Pennsylvania on
Q: Why do I have to go to arbitration for handmoney from a backed out seller not due to contingency? Can I go to small clai

They backed out 2days after contracts were signed for no reason, shouldn't I just be given the hand money? Can I use the cheaper small claims court?

Tim Akpinar
Tim Akpinar
answered on May 29, 2023

A Pennsylvania attorney could advise best, but your question remains open for two weeks. One possibility, and it's only a general guess, is that the contract has a provision requiring disputes to be submitted to arbitration (as opposed to the parties being free to use traditional courts). A... View More

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: Can both parties Petition to Confirm, Correct, or Vacate a Contractual Arbitration Award?

If one party wants to confirm and they file a Petition and the Plaintiff wants to Vacate the Contractual Arbitration Award, can both parties file a petition? And how long do they have since I've found answers that claim 100 days and now I see 10 days which means I am late. Do I have to respond... View More

David H. Relkin
David H. Relkin
answered on May 18, 2023

Let me unpack your question since there are a few parts. First, I understand that the opposing party has filed a Petition/Motion to confirm the Award and you want to vacate the Petition. Yes, you file in the same case (which is brought to confirm) in order to vacate the Award. The law is that, if a... View More

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1 Answer | Asked in Family Law and Arbitration / Mediation Law for Colorado on
Q: What to do after no response from respondent and not attending mediation

I am the petitioner and the mother. I filed 56 days ago and the respondent was ordered to respond within 21 days. He has not responded and has not made and mandatory disclosures but did attend the initial status conference where they ordered us to mediation. It was ordered to schedule mediation... View More

Steven  Visser
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Steven Visser
answered on May 16, 2023

I would suggest asking the mediator to file a certificate with the Court indicating that you attempted to schedule the mediation and paid your portion of the fees. If that does not occur, then I would file a status report with the Court stating everything you have done up to this point. Regarding... View More

1 Answer | Asked in Landlord - Tenant, Criminal Law, Employment Law and Arbitration / Mediation Law for Missouri on
Q: I feel like my landlord is engaged in Harassment and Stalking

Last summer, I was homeless. I started working for a guy that started renting a house to me. I worked 7 days a week nearly 14 hours a day. I took a day off and let him know beforehand. He would call asking where I was and I would remind him I was taking a day off. He would then start calling me... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 14, 2023

You didn’t ask a legal question. A reasonable next step would be to hire a local attorney to write a letter to your landlord.

2 Answers | Asked in Arbitration / Mediation Law, Child Custody and Divorce for California on
Q: Do I need to attend the status conference meeting on 5/16 if a judgement was filed & divorce will be final in 6/13/23?

I filed for divorce after obtaining a 3yr restraining order and being granted sole legal & physical custody of our children. Upon initial filing a status conference was scheduled for 5/16 but on 5/13 I received my paperwork back with a notice of entry of judgement stating that my divorce will... View More

Steve A. Buchwalter
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answered on May 15, 2023

Call the courtroom and ask the clerk.

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1 Answer | Asked in Arbitration / Mediation Law for Colorado on
Q: How do I dispute an adjusted refund amount for my 2021 filing?

The reasons listed in my refund deduction notice were:

* The Social Security number of one or more individuals claimed as a qualifying dependent was missing or incomplete.

* The last name of one or more individuals claimed as a qualifying dependent does not match our records.... View More

Tim Akpinar
Tim Akpinar
answered on May 22, 2023

A Colorado attorney could advise best, but your question remains open for two weeks. Your question probably went overlooked under the Arbitration/Mediation Law category. There's a section for Tax Law. Try reposting there. Good luck

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for California on
Q: My ex wife is a bigamist, can I use this in my divorce proceedings?

I am divorced for over 14 years and just found out my wife married someone in Las Vegas in 1995 while we were still married. We were not separated and got divorced in 2008. I am still paying her spousal support and Osler Smith payments. Can I use this information to my benefit? We are going back to... View More

James L. Arrasmith
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answered on May 8, 2023

If your ex-wife committed bigamy by marrying someone else while still married to you, this information may be relevant in your divorce proceedings. It could potentially impact the division of property, spousal support, and other issues related to your divorce.

You may want to bring this...
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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Hello I have a question about a civil harassment/restraining order

Hello. I have a neighbor that I filed a restraining order against and was advised by a judge that a mediation agreement was needed. We agreed to mediation and now my neighbor is not abiding by it; but only alittle bit. He has put a toe over the line and Im afraid he is testing the water to see how... View More

James L. Arrasmith
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answered on May 7, 2023

I'm sorry to hear about your situation. In California, a restraining order, also known as a civil harassment order, can be requested if someone is being harassed, threatened, or stalked by another person. If you feel that your neighbor is violating the mediation agreement and is continuing to... View More

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: Can I file in court after an arbitration demand has been submitted by a lawyer without my approval?

I have hired a lawyer who turned out to be colluded by the other party, a huge corporation, and he filed an arbitration demand without my approval, while I wanted to go to court. There are several grounds to challenge the arbitration agreement. Can I file in court meanwhile that the arbitration... View More

Yelena Gurevich
Yelena Gurevich
answered on May 1, 2023

Unlikely. It’s extremely difficult to overcome an aero traction agreement. If you are not satisfied with your current attorney, hire a new one. Then discuss your arbitration concerns with the new attorney to see if you have any other options. Also keep in mind that in consumer arbitrations, the... View More

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1 Answer | Asked in Family Law and Arbitration / Mediation Law for California on
Q: I wrote a custody eval as a mediator employed in family court. Shortly after I resigned I was subpoened to testify. Am I

entitled to expert witness fees and if so, how do I collect?

James L. Arrasmith
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answered on Apr 28, 2023

As a mediator employed in family court, if you were subpoenaed to testify as a custody evaluator, you may be entitled to expert witness fees under California law. California Code of Civil Procedure Section 2034.260 provides that expert witnesses are entitled to reasonable compensation for their... View More

1 Answer | Asked in Appeals / Appellate Law and Arbitration / Mediation Law for Arizona on
Q: Can a mediation be appealed or overturned?

The process went through even though one lawyer represented probate. And also estate..the mediator seemed biased to the other party as this party was an 84 year old recently widowed after 30 yrs

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. You may want to repost this and add the categories of "Probate" and "Estate Planning." That appears to be the substantive area of law here.

As a general matter, arbitrations can be...
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1 Answer | Asked in Civil Litigation, Contracts and Arbitration / Mediation Law for Indiana on
Q: What happens if your mediation deadline is April 18th, and mediation was held on April 8th?

What happens if your mediation deadline is April 18th, and mediation was held on April 8th, and the parties reached a settlement agreement, but the obligations of the agreement cant be fulfilled until after the mediation deadline?

Such as the mediator filing the mediation report a week... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2023

An Indiana attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, the situation you describe does arise. Mediators or arbitrators can set conditions in a report or decision that remain to be fulfilled afterwards. If the... View More

1 Answer | Asked in Family Law and Arbitration / Mediation Law for California on
Q: Having been unemployed and financiallysupported by my unofficial partner for 12+ years, what are my rights as he ends i?
James L. Arrasmith
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answered on Apr 11, 2023

If you have been financially supported by your unofficial partner for 12+ years and he ends the relationship, you may have certain legal rights to financial support.

In California, the law recognizes "palimony" - which is similar to alimony in a divorce - for unmarried couples who...
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