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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Small Claims and Landlord - Tenant for California on
Q: I vacated my apartment on March 2 after I was told my vacate date was March 4. I unfortunately did not get it in writing

They are now billing me $2000 for rent March 2 through March 10 when the apartment was vacant. Do I have to pay this?

James L. Arrasmith
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answered on Apr 9, 2023

If you vacated your apartment on March 2 and were not provided with written notice that your vacate date was March 4, you may have grounds to dispute the rent charge for March 2 through March 10.

It is recommended that you review your lease agreement to see if there are any provisions...
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1 Answer | Asked in Arbitration / Mediation Law on
Q: What do i do with a default award. The commissioners said i should wait for the payout date.

I won this default award from ccma.

I am worried that maybe i have to claim it and i am not aware but the commissioners said i should wait for the payout date.

Tim Akpinar
Tim Akpinar
answered on Apr 5, 2023

It sounds like you won the arbitration after the other side did not appear. If you were already presented with the written decision from the arbitrator or their case manager, you could review it with an attorney just to be certain if there is anything further you need to do. Good luck

1 Answer | Asked in Arbitration / Mediation Law on
Q: What do i do with a default award. The commissioners said i should wait for the payout date.

I won this default award from ccma.

I am worried that maybe i have to claim it and i am not aware but the commissioners said i should wait for the payout date.

David H. Relkin
David H. Relkin
answered on Apr 5, 2023

The law in New York is that a party must move to confirm an Arbitration Award within one year of its issuance. That is a statute of limitations. Don't ignore that date. Unless it is confirmed, no Judgment may be entered on an Award, which makes it unenforceable.

If you believe that the...
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1 Answer | Asked in Arbitration / Mediation Law and Family Law for Florida on
Q: Is it acceptable for an attorney after being hired on a family matter take over 2 years to even submit docs to see judge

I hired an attorney who up till this moment I have yet to see the judge. I just wanted representation the law is not exactly on my favor in my state for being a grandparent. But still they took my funds and said they can at least try if that was OK which for me it was. So now I'm wondering was... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 31, 2023

This sounds like an issue between you and your attorney more than a legal issue. Make an appointment to see your attorney in person and find out what is happening. Grandparent rights in Florida is a difficult issue but if you have had the children for seven years that will definitely work in your... View More

1 Answer | Asked in Arbitration / Mediation Law and Contracts for California on
Q: What is the verbal work agreement and how can I get a law consultation

I have a agreement for a 2 year with a company I transport products and delivery to hes customers with hes regulations all goes good for one year and now he just cut my payment in half alleging the diferente can be hes company profits and I have to do the same work with half of the payment.... View More

James L. Arrasmith
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answered on Mar 25, 2023

A verbal work agreement is a verbal contract between two parties, in which they agree to certain terms of work without a written contract. In many cases, verbal work agreements can be legally binding, although they can be difficult to prove in court if there is a dispute.

In your situation,...
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2 Answers | Asked in Arbitration / Mediation Law for New York on
Q: How does one verify Mediation Certification of a Court Neutral, in New York State?
Carmen M. Rodriguez
Carmen M. Rodriguez
answered on Mar 24, 2023

If I understand your question, you have been assigned a mediator by a Supreme Court Alternative Dispute Coordinator in one of the counties. For a mediator to be selected to join a supreme court panel of mediators, they have to have completed several trainings and a thorough vetting process. The... View More

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2 Answers | Asked in Family Law and Arbitration / Mediation Law for Georgia on
Q: Is it possible to have a second mediation after reaching and signing a mediation agreement?

Important issues were left out during mediation.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 25, 2023

It is unlikely the Court will order the parties to attend mediation again or that the opposing party will agree to mediate again. If there are issues that were not addressed, you can attempt to resolve those with the other side and come to an agreement. But having an attorney would have... View More

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1 Answer | Asked in Arbitration / Mediation Law, Legal Malpractice and Medical Malpractice for California on
Q: What should i do?

I hired a medical negligence attorney for arbitration 2 years ago. its 2023 the mediation was for February /28/2023

I turnedC in all the documents medical bills ect. now the attorney is acting clueless. to the nest steps of the final judgement (quote) '' i don't know when... View More

James L. Arrasmith
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answered on Mar 16, 2023

I'm sorry to hear about your situation. It sounds like you have concerns about your attorney's handling of your case and the status of your settlement.

If you feel that your attorney is being dishonest or not communicating effectively with you, you may want to consider taking...
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2 Answers | Asked in Real Estate Law and Arbitration / Mediation Law for North Carolina on
Q: How do I get my name removed from the deed of a house I co-own with my sister in North Carolina?

My sister and I inherited my parents’ Chapel Hill home in 2020. My sister, who resides in Chapel Hill, took care of the estate sale, and we agreed she would become sole owner of the house. When she closed the estate, she directed the estate lawyer to include my name as co-owner on the house. My... View More

Ben Corcoran
Ben Corcoran
answered on Mar 16, 2023

You can file a quitclaim deed which would transfer any interest you have to your sister. Your sister would not have to agree or even know about this deed. Contact any attorney in NC, and they can assist with this.

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1 Answer | Asked in Arbitration / Mediation Law and Land Use & Zoning for California on
Q: Disputing an alleged short term rental ad breach claim by Cathedral City. New ordinance as of Jan. 1 has a $5,000 fine.

The fine was disputed at a virtual hearing a week ago, with compelling factual written appeal rebuttal provided in advance. There was a hearing officer (layperson) from a company in California that acts for smaller city ordinance collection efforts being disputed, as well as the CC ordinance ticket... View More

James L. Arrasmith
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answered on Mar 15, 2023

If the property owner wishes to appeal the decision made by the hearing officer and challenge the fine in court, they will need to file an appeal within the specified timeframe (which you mentioned as 10+ days) and pay the required filing fees. The exact process and cost of an appeal can vary... View More

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Kentucky on
Q: A house was never transferred on parents death (10+ years ago) to the children. What is required to make that happen

Esp if some children have passed and the remaining do not agree? What needs to happen to transfer the deed out of the parents name?

Timothy Denison
Timothy Denison
answered on Mar 15, 2023

You will have to open or reopen probate and get appointed as executrix or administrator of their estates so you can execute a new deed.

1 Answer | Asked in Family Law, Admiralty / Maritime and Arbitration / Mediation Law for Nevada on
Q: Can Nevada attorneys have a Order Incident to add certain payment amounts to a QDRO.

The defense added what I was to pay (my half) like the QDRO amount I owed, the Mediation amount owed was to be paid from my Money Purchase account. When it was written into the amended divorce decree I explained to my attorney and the defense attorney that the plan would not approve third party... View More

James L. Arrasmith
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answered on Mar 15, 2023

In Nevada, an attorney may be able to request an Order Incident to add certain payment amounts to a Qualified Domestic Relations Order (QDRO) if it is in compliance with applicable laws and regulations. The QDRO is a legal document that directs a retirement plan administrator to pay a portion of... View More

1 Answer | Asked in Arbitration / Mediation Law for Arizona on
Q: I have sent a demand letter for a amicable settlement before going to arbitration

The lawyer responded with they would push for this first. Do we now negotiate, what happens next

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. From the brief description, it sounds like you're both inclined toward amicable resolution. If that's the case, you could engage in discussions. This is only a generality that would apply anywhere... View More

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Native American Law for Texas on
Q: Hello I'm looking for an attorney that I will assist me in fighting back a predatory lender tribal law attorney.

Can you please gave someone to call me 832.326.6476 I took out a loan for 1500 and now I'm paying 7000 back ridiculous. Any help you can give would be appreciated. It has to be illegal in Texas. How do I fight these people and not have my credit score or be legally sued. Can you assist me in... View More

James L. Arrasmith
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answered on Mar 16, 2023

You may also want to contact the National Association of Consumer Advocates, which is an organization of attorneys and consumer advocates who specialize in protecting the rights of consumers against unfair or abusive lending practices. Their website is https://www.consumeradvocates.org/

Q: My sons employer wont let him work now that we refuse to sign a second arbitration is this possibly a contingency case?

They said they don’t have the first and the first one they had us sign was either only the second page or different. The first manager didn’t like the fact that the second gave my son a copy of it to take home. That’s when we saw the first page with all of the actual information on it. In a... View More

Neil Pedersen
Neil Pedersen
answered on Mar 3, 2023

On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The court held that the law was preempted by the Federal Arbitration Act.... View More

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1 Answer | Asked in Arbitration / Mediation Law, Banking, Elder Law and Probate for Wisconsin on
Q: I am trying to find out what needs to be done to get my late parents bank records My brother, I and my daughter where P
James L. Arrasmith
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answered on Mar 5, 2023

To obtain the bank records of a deceased parent, you will typically need to follow a specific process that may vary depending on the laws and regulations in your jurisdiction. Here are some general steps you may need to take:

Obtain legal authority: In most cases, you will need to obtain...
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3 Answers | Asked in Arbitration / Mediation Law, Consumer Law and Collections for New York on
Q: filed motion to dismiss, there is a binding arbitration clause in contract. A hearing is scheduled. why is it needed?

with backed up dockets why does not the court simply rules on the motion? the other party has not bothered to oppose it. seems like a waste of time. Arbitration is the way to go and nobody waived it.

Joel Gary Selik
Joel Gary Selik
answered on Feb 24, 2023

There could be many reasons.

The Court may take the hearing off calendar prior to the hearing date.

There may be a requirement to file a notice of non- opposition.

The wrong type of motion may have been filed. The court may want to instruct the parties. The court’s...
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1 Answer | Asked in Arbitration / Mediation Law, Business Formation and Business Law for Maryland on
Q: Our partner locked us out from our business after withdrawing from association. He is trying to open a business w/o us.

Our business partner has locked us out of our business. They withdrew from the association, and we proceeded with the company opening. Because the venue is under their name, they seeked vengeance and locked us out of the venue. Now after withdrawing from the association they are working to open up... View More

Michael Ray Smith
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answered on Feb 21, 2023

Please consult an attorney in your state. Your question is far too complicated to be answered here. They lawyer you consult will need much more information.

2 Answers | Asked in Contracts, Employment Law and Arbitration / Mediation Law for California on
Q: Can I sue a freelancer on upwork or just upwork?

Going through arbitration on Upwork for work not delivered by a freelancer. Just wondering, if the arbitration team decides to take the side of the freelancer - can I sue? Since that's supposed to be the final decision. I don't know the decision yet but I have substantiative proof that... View More

Neil Pedersen
Neil Pedersen
answered on Feb 2, 2023

No one can advise you about whether you can appeal the arbitration decision or otherwise sue without looking at the contract. However the best that can be done is say that usually arbitration agreements preclude any other form of legal action, and even appealing an arbitration award is very... View More

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2 Answers | Asked in Family Law, Arbitration / Mediation Law and Domestic Violence for New York on
Q: Hello. My Fiance's mother has continuously violated a court ordered stipulation for visitation with my 6 year old son.

In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... View More

David Ivan Bliven
David Ivan Bliven
answered on Jan 25, 2023

You should consider filing a Violation Petition. Among the remedies, the Court may reduce or cancel the visits - or make them supervised at a clinic. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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