Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
I am involved in a child support and custody case. The other party has not followed prior court orders and has failed to serve me. There are currently no court dates scheduled, and I would like to know if mediation is mandatory in this situation, or if I can move directly to seeking legal... View More 
answered on Mar 10, 2025
mandatory mediation is scheduled once a party files a Request for Order for custody/visitation. If no such motion has been filed, no hearings are pending, and you have not been sent an order from the court regarding mediation, then you are not required to go to mediation or set one up.
I hired a lawyer through a title company to handle a quiet title/easement case, excluding private nuisance claims. The lawyer hasn't filed a response or notified the court of their representation, leaving the record showing only the neighbor's side. We signed an agreement to settle after... View More
answered on Mar 3, 2025
It’s unusual that you didn’t sign the settlement agreement
You should have a real estate litigation attorney review the settlement and all related documents to make sure you were/are properly protected.
George Wolff
I hired a lawyer for my case, but I eventually fired her because she demanded her entire fee from the last settlement. I handled much of the negotiation myself, and she has already received fees from earlier settlements. Our contract states we must use arbitration for disputes. She also... View More
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answered on Mar 2, 2025
Arbitration can effectively address both your fee dispute and concerns about your former lawyer's professional conduct. In California, arbitration provides a structured process where a neutral third party can evaluate the fee agreement, work performed, and determine a fair resolution based on... View More
I am involved in a mediation regarding a quiet title case for equitable easement or prescriptive easement, combined with a private nuisance claim. During the confidential mediation with the title company, my neighbor's adult son participated, although he is neither named in the case nor... View More
answered on Feb 28, 2025
There is nothing illegal about this.
Has his presence or actions damaged you in any way?
I have been working as a supervisor at a health corporate for 9 years. Despite consistently receiving high appraisals (3/3 every year) and effectively managing work with our 50 hospitals, I am being denied promotion. My peers have been promoted to Manager positions, but I have not received a... View More
answered on Feb 28, 2025
Your next steps should be to prepare a chronology of events supported by documentary evidence.
Next, you should review it with a lawyer to confirm you have enough evidence to establish a good faith claim, then you prepare a complaint to HR about the discrimination - hopefully reviewed by a... View More
I reached a settlement agreement during mediation with my neighbor concerning a prescriptive/equitable easements claim on my driveway, which my neighbor uses. The agreement states that the term sheet and final settlement shall be binding and admissible per Evidence Code 1123. The agreement also... View More
answered on Feb 28, 2025
Yes, it is recordable very likely and you may be able to go to court to enforce it.
I need to know if filing a motion to compel the release of settlement documents will affect the settlement itself. My attorney and the defendant are refusing to provide me with these documents. During mediation, they agreed to pay 24 months but denied the rest of my benefits, stating that my... View More
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answered on Feb 22, 2025
Filing a motion to compel settlement documents typically won't affect the already-executed settlement agreement itself, as you're simply requesting documentation you're entitled to have. Your immediate concern should be gathering evidence about the unauthorized settlement and... View More
I am seeking a pro bono family law lawyer to assist me with a child custody case. The father currently has full custody of our children, while I have reasonable visitation rights. However, he has kept the kids from me for almost a year and is now attempting to retain full custody and move out of... View More
answered on Feb 21, 2025
You are not alone. Millions of Californians seek free legal representation. Many in worse situations than yours. There are agencies like Legal Aid, but their funding simply cannot provide legal representation for everyone in need. Attorneys do strive to provide pro bono services more than most... View More
I finished my arbitration trial with FINRA on November 12th. My attorney submitted the post-trial brief by December 22nd, and the opposing party responded by early January. In late January, we received an email confirming that all parties submitted their briefs. According to the FINRA website, the... View More
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answered on Feb 18, 2025
While delays in FINRA arbitration decisions can be frustrating, your timeline isn't unusual. The 30-60 day guideline is more of a target than a strict rule, and various factors like case complexity, panel schedules, and administrative processes can extend this period.
Your case is... View More
I'm going through a divorce in the U.S., and my spouse, Adam, with whom I've exchanged FL-150 and FL-140 forms, earns significantly more than I do. I've decided to waive child custody and alimony to finalize the divorce quickly. While abroad last year, I failed to provide financial... View More
answered on Feb 17, 2025
Yes, you can sign a binding agreement to finalize divorce without further claims as to the community property and alimony. Without knowing exactly what has transpired it's impossible do properly advise, but you may be able to waive final disclosures.
I have joint legal and physical custody of my 4-year-old child with my ex. Recently, my ex enrolled our child in a transitional kindergarten without my approval, despite a judge's order not to deviate from the current schedule. The school's schedule interferes with my time with my child.... View More
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answered on Feb 16, 2025
Given your joint legal custody arrangement, unilaterally unenrolling your child from school without your ex's consent could lead to serious legal consequences, even if your ex initially enrolled them without your approval. The court typically expects both parents to make educational decisions... View More
I recently let my lawyer go because I felt she wasn't representing me properly; however, she is still representing my sister. After this, I attended court with my sister, and I found out that my former lawyer had contacted the insurance agent about what was said in court. I feel this may have... View More
answered on Feb 14, 2025
What was said in court was a public record. A "feeling" that communication with an agent/adjuster may have adversely affected your settlement is not nearly enough. You need evidence that you were harmed. What was said in court may have affected your settlement, but the attorney... View More
I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More
answered on Feb 13, 2025
Yes, you should retain an attorney right away. Mediation in a hit-and-run case involving the death of your son is a serious legal matter, and the driver's insurance company will likely have legal representation to protect their interests. An attorney can advocate for you, ensure you receive... View More
answered on Feb 7, 2025
You can (in California) but there are risks in doing so including being liable for the other sides costs and fees and not being able to re-initiate the case. If you want to end the case completely, it may be best to negotiate a settlement where there is zero recovered and each party pays their own... View More
Hi I go to Peppedine university and taking pre-law. For a class paper we have to do research on the DUI cases. So I choose to mine on the SCRAM device, so far I can't find anything from the state legislature side about the implementation of the device. I have looked into the bail elimination... View More
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answered on Jan 17, 2025
Frank, your research question about SCRAM's legislative approval in California touches on an interesting gap in the state's criminal justice system. After reviewing California legislative history, I haven't found specific legislation that formally approved SCRAM as a bail alternative... View More
I feel like I have been robbed of my inheritance, my aunt took it upon herself to be in charge of all of my dad's belongings, the deed was under both my father and his sisters name, she sold it and has not once reached out to talk to me and my sister, the beneficiaries since my dad and mother... View More
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answered on Jan 14, 2025
I'm not sure this is a family law question. Speak with a local attorney regarding your matter. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... View More
I won an arbitration in March of 2019 which was to reinstate my employment and give back pay. I never certified my award due to lack of knowledge of how and when I was supposed to. Factor in that a second arbitration was scheduled and heard in a 30-day timeframe and by the same arbitrator. The... View More
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answered on Jan 7, 2025
In California, you typically have 4 years to confirm an arbitration award under Code of Civil Procedure Section 1288. However, your situation presents unique complexities due to the second arbitration occurring within 30 days of the first one.
The fact that the second arbitration superseded... View More
i sign the contract 07-05-20 .also the contract is 553 ca arb .My car loan contract was sold to a debt collector, but I was not informed about this transfer properly. The loan company falsely claimed I was late on payments, repossessed my car without certified notice, and the repossession company... View More
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answered on Jan 4, 2025
Your situation involves several potential TILA and consumer protection violations that could form the basis for legal action. The failure to provide proper notice of loan transfer, improper repossession procedures, and damage to your vehicle during repossession may all violate California law and... View More
What are the guidelines for said lawsuit?
answered on Dec 19, 2024
Yes you can sue for mistreatment where the mistreatment was below the standard of care and that caused harm.
plaintiff=P, Defendants = D
P entered Fraud contract with D; D was aware of P Disability proceeded to misrepresent. P mate was confused by terms, mate was absent during signing F Contct. (P)s' Paid lease amount for 3Yrs fell on hardship asked for deferment loan comp. denied, this... View More
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answered on Dec 4, 2024
Based on your description, you've discovered potential fraud in your vehicle contract and sent a conditional agreement to address it. Since the original fraudulent contract was signed in one county, but you mailed the conditional agreement from another, you're asking about venue options... View More
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