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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Will participating in legal proceeding bar an arbitration award from being confirmed by the court?

If action taken by a party to case (such as interposing a

cross claim or procuring a deposition of

plaintiff) waives their contractual right to compel arbitration, does that also cause that if they do continue at arbitration an arbitration award on that matter cannot be confirmed by... View More

David H. Relkin
David H. Relkin
answered on Dec 17, 2023

You are quite correct regarding the waiver of arbitration: any act that is inconsistent with the agreement to arbitrate will waive that right. While the simple act of interposing a cross-claim may not, in all circumstances, waive the right to arbitrate, taking a deposition conjoined with the... View More

1 Answer | Asked in Arbitration / Mediation Law, Internet Law and Family Law for Maryland on
Q: My ex wife is trying to get a peace order against my mother for speaking to my ex wife’s new husbands ex wife about her

My former spouse is attempting to get a peace order against my mother due to my mother speaking to my former spouses husbands ex wife. They spoke only on messenger and no derogatory or insulting remarks were made. I do not think simply speaking about someone to another over private messaging is... View More

James L. Arrasmith
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answered on Jan 14, 2024

In general, a peace order, or a similar restraining order, is typically granted when there's evidence of harassment, threats, or abuse. If the conversation between your mother and your ex-wife's new husband's ex-wife was merely a discussion without any threatening, abusive, or... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Tax Law for New Mexico on
Q: What do you file for business taxes and who will review your papers if you suspect preparer fraud

Third party name on taxes and my step father Also worked at the same company preparer works for and preparer worked for x husband's company meanwhile I am a W2 workers but somehow they changed my income 73,000

James L. Arrasmith
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answered on Dec 25, 2023

If you suspect preparer fraud in your business tax filings, it's important to address this issue promptly and thoroughly. First, review your tax returns carefully to understand the discrepancies, especially if your income was inaccurately reported.

For addressing preparer fraud, you...
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Q: Kaiser is saying that their policy for opiods is 50 mme a day for chronic pain patients that have severe pain. T or F?

I went through Kaiser pain mgmt program last Oct. 2022 and since then my pain medications have been slowly stripped down to just 45 mme of MSCONTIN 15mg of Extended Release by dr's who are not pain specialists. This is 3 pills a day. It used to be 4 pills a day They took away my breakthrough... View More

James L. Arrasmith
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answered on Dec 10, 2023

It's important to understand that healthcare providers, including Kaiser, often have policies regarding the prescription of opioids, which are influenced by various guidelines and regulations. These policies aim to balance the need for pain management with the risks associated with opioid use.... View More

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law on
Q: My sister stole a house from the trust of our mom back in 2019 . I have done a title search .

We went thru mediation . Both the title co. and the registers office say that they where things about the title that weren't right . Looking for a real estate attorney to take this case . The sister has sold the house I guess ?

Anthony M. Avery
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answered on Dec 7, 2023

If you mediated, you may have already agreed to the transfer. Hire an attorney to search the title and and see if there is an action to set aside the transfer for fraud. But 3 year SOL has run and the trustee is the one that has standing. If sister is trustee, it is presumptively fraudulent.... View More

1 Answer | Asked in Business Law, Employment Law, Contracts and Arbitration / Mediation Law for Kansas on
Q: Employer publicly stated "taking c/o my employees emotionally and financially was my priority", but never did, estoppel?

If this statement was made, and publicly recorded in print, that "taking care" of injured employees financially was my biggest priority ", does that statement become a valid promise or contract with the employee to receive the help he needed? Can the employee seek to have those... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2023

A Kansas employment law could advise, but your question remains open for a week, and it includes the Arbitration/Mediation category. Until you're able to consult with a local attorney, as a general matter, that is a somewhat vague statement. It is not exact in terms of exactly what it means,... View More

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: I have EEOC mediation in San Antonio TX can I delegate this to an attorney
Tim Akpinar
Tim Akpinar
answered on Nov 28, 2023

A Texas attorney could advise best, but you posted a day ago and your post may not be seen by employment law attorneys, since it is only posted under Arbitration/Mediation. To avoid losing valuable time in getting guidance, you could add Employment Law and repost. Good luck

1 Answer | Asked in Tax Law, Agricultural Law, Arbitration / Mediation Law and Business Law for New Mexico on
Q: In the case of Agricultural Deductions 7-9-58 for auctioneers will this just cover the buying and selling of livestock?

A truck driver is exempt for hauling feed for live stock under this code. Will the the truck driver be exempt when hauling to and from the auction?

James L. Arrasmith
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answered on Dec 1, 2023

The specific Agricultural Deductions code you're referring to seems to be designed to provide tax benefits for activities directly related to agriculture, such as the buying and selling of livestock. In the context of auctioneers, this would typically cover transactions involving livestock.... View More

2 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for Georgia on
Q: Live in Ga, wife is divorcing after emotional cheating with coworker. Post discovery continued relationship, but said

She ended it. Discovery in feb and admission in Sep. has blam me for it, convinced mutual friends that I am not mentally stable resulting in isolation, misled couples therapist etc. I have offered options to reconcile even after the admission of lying about ending relationship. Instead she is... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 27, 2023

You can obviously make any allegations you want, the same as she. Whether the court will consider those allegations cruel treatment is up to the judge. At this point since you have completed some form of discovery, I would focus on preparing for trial. And if you can't hire an attorney, the... View More

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1 Answer | Asked in Arbitration / Mediation Law, Consumer Law, Contracts and Business Law for California on
Q: Consumer protection. Removal of what was promised via a crowdfunding campaign

Cosnumer protection! I need help recovering digital property that was promised. contract 828,768 usd 15,860

is it really that hard to understand? people crowdfunding on the promise of something being delivered. NOW IT'S GONE. no way to access what one paid for. even straight up tearing... View More

James L. Arrasmith
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answered on Nov 20, 2023

In cases involving crowdfunding platforms like IndieGoGo, the terms of the campaign and the platform's policies are crucial. If a developer promised certain digital content in their crowdfunding campaign and then failed to deliver it or removed it, this could potentially be a breach of... View More

2 Answers | Asked in Personal Injury and Arbitration / Mediation Law for Texas on
Q: When should one contact a lawyer if a patient injusttice was done? What needs done before contacting a lawyer?
John Michael Frick
John Michael Frick
answered on Nov 17, 2023

"Patient injustice" is a somewhat vague expression. If you believe that someone has violated a legal duty to you as a patient and that such violation caused you to incur compensatory damages (e.g. lost wages, additional medical expense, other out-of-pocket expenses, etc.), you should... View More

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1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Utah on
Q: I want to protect my assets before a divorce by creating a trust. Should I have a trust before or after the divorce?

Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah?

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 17, 2023

If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you... View More

4 Answers | Asked in Arbitration / Mediation Law, Consumer Law and Small Claims for California on
Q: getting Mediation going in circles.

i submitted case DR23-11933 and DR23-11464 to the L.A. County department of consumer affairs and they tried to reach the business in question for mediation.

The company I'd like to mediate with is

square enix. 999 N. Pacific Coast Highway, 3rd Floor, El Segundo, CA 90245, U.... View More

George Steven Louis
George Steven Louis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2023

As a mediator arbitrator myself I always find it rather difficult to get the individuals to the table so that we can work things out letters don't always seem to cut the mustard therefore I enjoy trying to call the parties so the mediation can have an opportunity to work.

These your...
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2 Answers | Asked in Family Law, Probate and Arbitration / Mediation Law for Georgia on
Q: What happens after you sign in mediation?

I have a signed mediation agreement and now the other party will not sign the final order to go to the judge and her lawyer keeps changing the agreement after mediation is over.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 6, 2023

If you have an attorney you should speak to your attorney about any changes the opposing attorney has attempted to make after mediation ended. If you are representing yourself you could file to enforce the mediated agreement. But there is not a form for that. If a final order was drafted by... View More

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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Tax Law for Georgia on
Q: Is there a U S Code similar to O.C.G.A. 24-4-23 (2010) 24-4-23. Presumption from failure to answer business letter?

I don't write letters often to Federal Agencies, however, wen I do, they almost always go unanswered for several months, or several years or in most cases - never. Just trying to get a feel for a viable defense if they come back one day down the road. Thanks.

Michael W. Horst
Michael W. Horst
answered on Nov 1, 2023

No. The Federal Rules of Evidence do not have a statute similar to O.C.G.A. 24-4-23. The closest would be FRE 301 but that would not likely help you in your specific circumstances.

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Family Law for Florida on
Q: Can I get a mediator to help with paying my uncle back some money he gave me? There was a dispute that turned bad. Help

Had a disagreement over the help he was giving me, needed a loan to help pay for a dental plan due to an emergency, and told him it was such, and a big text argument ensued with me doing a really dumb thing. Before and after that dumb thing, I did tell him I was going to repay him every single... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 1, 2023

You don't need a mediator. Just mail him a check when you have the money.

1 Answer | Asked in Personal Injury, Foreclosure, Arbitration / Mediation Law and Collections for Iowa on
Q: I need a lawyer to deal with a bank who's practices are questionable they're trying to repossess my house

They went and took everything out of my checking account trust me out on the road with no money I've been in contact with him all the way through they want everything in many position where I can't work with them anymore I feel when they willfully and deliberately set out to break me and they did

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2023

An Iowa attorney could advise best, but your question remains open for five weeks. I'm sorry your question went unnoticed. You mention that you need a lawyer - this forum is not set up like an attorney referral service. Attorneys here can't offer their services. You would need to reach... View More

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Ohio on
Q: There is presently 2 Condo Board members for the last 3 years and condo association has had 3 failed Quarum's .

What happens next. Breach of Condo Covenants. Fiduciary Duties

Todd B. Kotler
Todd B. Kotler
answered on Oct 20, 2023

There is not enough information here to adequately answer. What fiduciary duty has been violated? Has money been misappropriated? Has there been some actual damages that the association or the homeowners have actually suffered? What remedies are presented in the association bylaws? What... View More

1 Answer | Asked in Arbitration / Mediation Law, Collections and Construction Law for Arizona on
Q: Hello Chad flooring installed in my home. The contractor installed the floors wrong twice.

I did not pay after the second install because the floors are still uneven, wavy and buckling income areas. I reached out to them again and they said the floors will have to be reinstalled. I was just told my account will go into collections if I don't pay them. I wrote to them twice for a... View More

David H. Relkin
David H. Relkin
answered on Oct 19, 2023

You have posted your question in Arbitration so I assume you have some basis for believing that there is an agreement to arbitrate in the contract. Go to the Chad site and see what it provides regarding disputes. Perhaps it provides for arbitration. They are required to provide you with a copy of... View More

5 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney/Client have a valid Arbitration Clause between them in California, can the case be heard at a private forum?

In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:

What type of Arbitration is it, i.e., consumer, employment, etc.? and

Can the case be heard at a private forum not normally designated for... View More

Kenneth Sisco
Kenneth Sisco
answered on Oct 18, 2023

Typically, the Arbitration clause itself describes the terms of the Arbitration, however, whether it does or not, the parties can agree on any terms they want, including waiving the Arbitration Clause altogether.

Personally, especially, in Legal Malpractice cases, I despise Arbitrations....
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