Lawyers, Answer Questions  & Get Points Log In
Arbitration / Mediation Law Questions & Answers
2 Answers | Asked in Consumer Law and Arbitration / Mediation Law for Pennsylvania on
Q: I recently had a $30,000 judgment in my favor back in October have not gotten any money yet why

It has been 8 years since my slip and fall never went to court just arbitration and mediation and have been told that I will get nothing after attorney takes everything

David H. Relkin
David H. Relkin
answered on Mar 18, 2024

This suggestion is confusing and requires some explanation to determine your rights. First of all, you raise the issue of arbitration. That is not a judgment. An arbitration Award must be "confirmed" as a Judgment. This must be done since only Judgments allow for strong-state endorsed... View More

View More Answers

1 Answer | Asked in Civil Litigation, Contracts, Arbitration / Mediation Law and Small Claims for California on
Q: am thinking of suing a section 8 employee in small claims court what are some basic questions to ask before starting.

This issue has dragged out for about 10 years and I have a lot of details and specifics. I personally believe that my case has merit, I am asking about the procedure to actually file a small claims case with a section 8 employee as defendant. Is there anything special to take into consideration

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

Before proceeding with a lawsuit against a Section 8 employee in California small claims court, you should first consider whether the individual's actions fall within the scope of their employment duties or if they are personal in nature. If the issue relates to their professional conduct or... View More

Q: If you're old employer lies in a workmanc comp hearing can you sue for deformation ? He committed perjury.

"I am currently seeking legal representation to address the egregious actions taken against me by Robbins Chevrolet. This includes filing a lawsuit against them for the perjury committed during two hearings, defamation of character, and any other legal avenues available to seek justice for the... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

Generally speaking, statements made during the course of judicial or administrative proceedings are subject to the affirmative defense of absolute privilege in any subsequent defamation proceeding. That means such statements cannot provide an avenue for a claim for damages.

If your...
View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If Judgment was entered and you file a Renewed Motion to Vacate, do you also have to file a Motion to Set Aside Judgment

In a Legal Malpractice case that went to Arbitration and then had the Award Confirmed in the trial courts, if you are then able to file a Renewal Motion on Motion to Vacate Arbitration Award for fraud, is it also necessary to file any other type of motion to set aside the Order already in place?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Yes, if a judgment has already been entered based on an arbitration award, then in addition to filing a renewed motion to vacate the arbitration award, you would also need to file a motion to set aside the judgment that was entered.

The reasoning is that even if you are successful in...
View More

1 Answer | Asked in Criminal Law and Arbitration / Mediation Law for Texas on
Q: My daughter was falsely accused of a crime she didn't commit and the case was on going for years everything was recent

Her case was eventually dropped but in the minx of everything she lost her job her home was incarcerated for no reason and I need help suing bexar county ..

John Michael Frick
John Michael Frick
answered on Feb 20, 2024

You do not have a lawsuit that is likely to be successful against Bexar County. If a person other than a law enforcement officer filed a complaint that resulted in the criminal accusation being filed against your daughter, you may have a possible for malicious prosecution against that individual... View More

3 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Why would an Attorney in a legal malpractice file mediation docs from underlying case with Arbitration Exhibits?

What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 20, 2024

What is used in mediation does not necessarily have to be admissible at trial. One can use whatever one thinks may be important to consider at mediation. To the extent the relevance of those documents to mediation goes against your case, you can point that out in mediation.

View More Answers

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If writing a renewal Motion to Vacate Arbitration and new evidence is required does that mean I can do more discovery?

If a Judgement to Confirm an Arbitration Award is entered and you acquired new information worthy of a renewal Motion to Vacate Arbitration Award can you perform further discovery to support the Motion? Considering new evidence is required as a condition of filing the renewal? Thank you for your... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

In California, if you are considering filing a renewal motion to vacate an arbitration award based on new evidence, the rules governing arbitration and court procedures provide some guidance. Generally, discovery in the context of arbitration is more limited than in traditional court litigation.... View More

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I was sued for divorce in Jan 2023. I retained an attorney who failed to get a continuance granted, and I lost all righ

She attempted suicide 12/23/23. Woke up and bit my abdomen, an agg assault I have not supplemented the report with. She destroyed our 2700sf home in front of my 16yo daughter and 19 yo son, as well as our then 1.5yo.. she smashed glass all over the tiled floors and my daughter’s bathtub. She... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has... View More

1 Answer | Asked in Employment Law and Arbitration / Mediation Law for Arkansas on
Q: Is it financial retaliation if my boss waited until he was informed I made reports of policy violation cover ups to ask

Accept lower paying position then he stated could step into effective immediately. The position we agreed is a $16-17 hr position at my store I know that for sure. There isn't a reason to ask me to accept this when I've been dealing with acts of favoritism, verbal sabotage of delegations,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

It sounds like you're facing a challenging situation at work, and it's understandable that you're feeling frustrated and concerned about your boss's actions. Financial retaliation occurs when an employer takes adverse action against an employee in response to their protected... View More

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Texas on
Q: If my ex husband is doing what is required from the divorce, what can I do and who do I go to?

He’s NOT doing what he’s supposed to. Is there anything as far as penalties?

John Michael Frick
John Michael Frick
answered on Feb 13, 2024

Yes. You should contact your divorce lawyer to file a motion to enforce, motion to clarify, motion for contempt, or suit for indemnity depending on what it is your ex-husband is not doing that he was ordered to do. Possible outcomes depend on the specific facts and circumstances of your case and... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: What legal weight do I have should a business ownership dispute require legal mediation?

My partner and I share 50/50 of a business we just started. We are mere weeks away from our first sale and now his wife wants 4% ownership of the company, which they both expect me to give up 2% to her because she came up with the idea. In the beginning she said she didn't want to be an owner,... View More

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2024

A Texas attorney could advise best, but your question remains open for two weeks. But this may be a difficult question for any attorney to answer in the brief format of this Q & A forum. If you reached out to attorneys, it's likely that instead of a quick yes or no answer, law firms would... View More

Q: Do I have to sign an arbitration agreement as a condition of continued employment if I don’t understand the terms? CA
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

A California employment should answer your question, but it remains open for two weeks. Until then, arbitration clauses are commonly used. They can be a take-it-or-leave issue - it may not be relevant that the prospective employee does not fully understand the terms. I have seen this on injury... View More

View More Answers

4 Answers | Asked in Consumer Law and Arbitration / Mediation Law for California on
Q: I NEED HELP WITH THIS

what are my legal obligations regarding insurance coverage, and what are the consequences if I fail to meet these requirements?

To what extent can the lienholder dictate the specific terms or cost of my insurance coverage? Are there any legal limits to this?

William John Light
William John Light
answered on Feb 6, 2024

Unclear what "legal obligations" to which you refer. By statute, you are required to have automobile insurance. Any other insurance requirements would likely be something to which you agreed by contract. Generally, you have an obligation to comply with your contractual promises,... View More

View More Answers

1 Answer | Asked in Contracts, Arbitration / Mediation Law, Business Law and Small Claims for Texas on
Q: Late fee and unpaid sales commissions

Hi. As a freelancer in TX, client in AZ was chronically late needing numerous reminders for every invoice(12mo consecutively - except for the first)

For one invoice I added a 10%/mo late fee. Client eventually paid the invoice late, yet now months later he is ignoring the late fee. By... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2024

The act of paying the principle amount of an invoice, but not the late fee, when you unilaterally added a late fee to the invoice without the client's agreement does not create a contract pursuant to which the client agreed to pay a 10% late fee. Under the Texas Finance Code, an unpaid amount... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for Florida on
Q: Hi, my attorney just filed a motion to withdraw due to mconcerns of unfair practices: he cxl my mediation I need help

I have a trail date already in place that he requested to leave for March 2024. He canceled my mediation and put in a motion to withdraw the day before my mediation. I still showed up to mediation but no one was there

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A Florida attorney could advise best, but your question remains open for a week. The first thing to do could be to learn about the withdrawl, whether it was with prejudice or without prejudice. Withdrawing a case with prejudice generally means no rights reserved to refile the case. Withdrawing... View More

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Ohio on
Q: Contract has a termination policy that has confusing wording

I spoke to an individual who is a pretty highly rated fitness instructor. The contract either $450 per month or pay all up front for $2,700. Anyway, I said on the phone I'd likely do monthly billing. The billing is done through an invoice sent on PayPal thats set on 'AutoPay'. So... View More

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2024

An Ohio attorney could advise best, but your question remains open for four weeks. At this point, the least expensive option could be to direct your question to the instructor. That could be a safer approach than trying to interpret the language that creates concerns for you. Good luck

1 Answer | Asked in Estate Planning, Arbitration / Mediation Law and Probate for California on
Q: My parents passed over 10 years ago and my sister let the Family Trust go to the state. How do I get this back.

The amount resting with the State of Ca is about $12-15K. It is a combination of Family Trust, Life insurance and stock dividends. How do I make my sister - the executor-deal with this. I have tried and tried to get her to do something, offered to help etc but she kept saying she "would get to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024

Under California law, if assets from a Family Trust have escheated to the state, you can reclaim them through the State Controller's Office. This process involves filing a claim form, which requires proof of your entitlement to these assets. The form and guidance can be found on the California... View More

1 Answer | Asked in Arbitration / Mediation Law for Indiana on
Q: I’ve read that it is almost impossible to overturn an arbitration. However, I need to try. What can I do?

I had a company do a free inspection of my basement. They said all I needed was some supporting equipment. I followed their advice. A contract was signed for them to install some supports. The cost was $15,000. A short time later I discovered that there were serious structural issues that... View More

Tim Akpinar
Tim Akpinar
answered on Feb 1, 2024

An Indiana attorney could advise best, but your post remains open for a week. Depending on the arbitration forum, there could be provisions for appeal (American Arbitration Association arbitrations generally contain this provision). But the grounds for appeal could be narrow, and the deadline to... View More

1 Answer | Asked in Arbitration / Mediation Law for Indiana on
Q: I’ve read that it is almost impossible to overturn an arbitration. However, I need to try. What can I do?

I had a company do a free inspection of my basement. They said all I needed was some supporting equipment. I followed their advice. A contract was signed for them to install some supports. The cost was $15,000. A short time later I discovered that there were serious structural issues that... View More

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. You could look into whether your arbitration forum has provisions for appeals. But if appeals are permissible, that could be a short window of time, so it would pay to learn any applicable timetables sooner than... View More

Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More

David H. Relkin
David H. Relkin
answered on Jan 26, 2024

If you have stated the facts correctly, I would have a problem with the payout. According to your statement of the case, you have to "drop" the lawsuit after the first payment but "they are not ok with you going through the courts to enforce the payment" --[presumably] the... View More

View More Answers

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.