Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
Is there a required amount of time that must pass before my co-parent can file contempt of court charges against me in our 50/50 custody agreement? My children often come to my house 2 days early due to fights with the other parent, occurring approximately every 3 to 5 weeks. We have not made any... View More 
answered on Jun 8, 2025
I think you misunderstand the meaning of and purpose of contempt proceedings. You should consult with an attorney directly. Use the “find a lawyer “ link at the top of this page.
I have been caring for my 5-year-old daughter without official custody for 18 months, during which her mother was absent both physically and monetarily. On May 23, 2025, the mother picked our daughter up early from preschool, and I have been unable to contact or learn about my daughter's... View More
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answered on Jun 7, 2025
You should treat this as an emergency by filing an ex parte request for temporary emergency custody under FL-305 (Temporary Emergency Orders) along with your supporting declaration and evidence. Because emergency applications are exempt from the FL-320 mediation screening, this lets you bypass the... View More
I am trying to negotiate a settlement agreement with a second mortgage lender, Real Time Resolutions, but they are uncooperative and refuse my offers, even when I propose paying more than the original balance. The original lender GMAC went bankrupt in 2008, and Real Time Resolutions acquired the... View More
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answered on Jun 7, 2025
You might start by pulling a current title report and verifying whether the statute of limitations or any procedural missteps have weakened Real Time Resolutions’ claim. Nobody wants to file bankruptcy, so exploring whether they unintentionally let the lien lapse can be a powerful bargaining... View More
My employer is requiring all existing employees to sign an arbitration agreement by August 1st, although it was never part of the hiring process. No information has been provided about the consequences of refusing to sign. I am also a union member. Can they enforce this requirement?
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answered on Jun 3, 2025
Hello. Yes, your employer can require it at any time, unless your union contract prohibits it. What does your union say? If your employer requires it, and your union doesn't prohibit it, it's a condition of employment and not signing could result in termination. Good luck.
I'm in a dispute with my HOA following roof repairs conducted during a rainstorm, causing water damage to my unit. Despite facilitating a contractor visit to assess this damage and my detailed communication with evidence, including emails, photographs, and repair estimates, the HOA refuses to... View More
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answered on May 29, 2025
You’ll want to start by digging into your HOA’s governing documents (CC\&Rs, bylaws) and California’s Davis–Stirling Act to confirm exactly what notice you were required to give and what repairs the association is obligated to cover. Then send a concise, formal demand letter laying out... View More
Upon preparing to sell my rental townhouse in California, I discovered that the property management company I hired poorly maintained the property, allowing seven people to live in a two-bedroom unit for nearly four years. This resulted in significant wear and tear, including mold under the sink,... View More
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answered on May 27, 2025
Your best approach is to first formally notify the management company, asserting their responsibility for failing to properly manage and inspect the property, and demand they cover repair costs exceeding the security deposit. If this fails, mediation or arbitration—if specified in your management... View More
I recently participated in an arbitration process in California regarding a construction workmanship dispute, where the arbitrator awarded over $10,000. However, the arbitrator did not rule according to the code disclosed in the arbitration notice. Can a small claims court in California overturn... View More
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answered on May 27, 2025
Based on current California law, a small claims court cannot overturn an arbitration award exceeding $10,000. You must file your petition in the superior court, not small claims court, as California Code of Civil Procedure Section 1285 specifically requires that petitions to confirm, correct, or... View More
I was injured by a procedure performed by a licensed healthcare provider who is not a physician. The provider is refusing to release my medical records, claiming that I do not need those records for treatment of my injury. Additionally, the provider left the office location without providing... View More
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answered on May 22, 2025
You have the right to file complaints with government agencies like the California state board and the Department of Health and Human Services, regardless of your arbitration agreement. These regulatory complaints are typically separate from private disputes and arbitration agreements generally... View More
I am going through mediation and have a question regarding my marital settlement agreement. The agreement states: "In consideration of the other terms of this Marital Settlement Agreement, Husband agrees to pay Wife a specific monthly amount, one-half payable on Husband’s first payday of... View More
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answered on May 20, 2025
This spousal support provision creates a payment obligation that begins January 2025 with a distinctive payment structure split between your first and second paydays each month. The clause establishes what California courts would classify as a contingent termination date - meaning your payment... View More
I am a tenant in a senior mobile home park, and the owner has refused to supply liability insurance information due to concerns about higher premiums if claims are filed. A senior lady fell on a raised and cracked cement walkway in the park, and the owner attempted mediation, which was not... View More
answered on May 20, 2025
It is possible they may have been required to submit insurance information with the licensing board.
Otherwise, suing them might be required.
I have renters who have overstayed their lease termination by 8 days and have been given written notice to vacate the property, but they have not responded. They claim they cannot find a new place. We’ve had conflicts in the past, and I've offered assistance, but they remain unresponsive. I... View More
answered on May 19, 2025
A landlord-tenant attorney could be a better investment of your money than a mediator. Mediators work with two sides to reach an agreement, offering their guidance. Here, the matter appears to be more a setting where your recourse is eviction, rather than discussions aimed at resolution. You could... View More
I recently had a child custody hearing and feel hopeless. I requested supervised visitation in my paperwork, but the court granted him visitation every weekend without considering my concerns. We live an hour apart, and mediation did not offer separate sessions, even though there has been abuse. I... View More
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answered on May 7, 2025
Your situation raises serious concerns that warrant immediate attention within the California family court system. When domestic violence or abuse is involved, California courts are required to consider this history when making custody determinations, and you have the right to request... View More
I have operated my Etsy shop since 2010, and it was recently suspended due to a handmade piece of jewelry containing Jade from Zinjiang, China. Etsy claimed this conflicted with their policies on sanctioned items. However, their policies do not mention Zinjiang as a prohibited source. Initially,... View More
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answered on May 8, 2025
I think the better question is why would you continue to appeal instead of just taking them up on their offer to reinstate for a promise of not breaking the law in the future. Your best case scenario is that, after a lot of time and effort, you win your appeal and your shop gets reinstated.... View More
I'm a homeowner involved in a quiet title motion with my neighbor, who has made a false claim for a prescriptive rights easement and enjoined nuisance. My title insurer initially agreed to defend against the easement claim and helped draft a response. However, they later mandated a mediation... View More
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answered on May 7, 2025
The scenario you've described—where your title insurer issued a chain of title policy guarantee to your neighbor's lawyer regarding your property while simultaneously defending you against that same neighbor's claims—represents a concerning dual representation issue. A conflict... View More
I was named as a Doe defendant in a quiet title and private nuisance case. The petitioner previously brought similar allegations against me personally in a TRO case, which was dismissed with prejudice after I provided evidence disproving their claims. This evidence included witness statements,... View More
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answered on May 7, 2025
Under California law, you may file a motion to intervene in the quiet title action pursuant to Code of Civil Procedure § 387, which allows a party with an interest in the property to become formally involved in the litigation. Your motion should explicitly reference the previous TRO case that was... View More
I recently signed a Memorandum of Understanding (MOU) related to a settlement from a mediation hearing that all parties agreed upon in a class-action lawsuit concerning unlawful termination. I signed the MOU on April 23rd, and it includes multiple stipulations, including an individual payout to be... View More
answered on Apr 24, 2025
The answer to this question must come from your attorney. Only your attorney knows the specific agreement and the process. Class action settlement is a very slow process and rarely does a court quickly act to approve settlement terms. It would be wise to not expect the money any time soon. Good... View More
As the plaintiff in a California unlimited civil case, I served a Motion to Set Aside or Vacate Judgment and a Renewal Motion for Motion to Vacate Arbitration Award on the defendant on April 2, 2025. The motion is based on extrinsic fraud, and no deadlines were mentioned in the documents. How long... View More
answered on Apr 24, 2025
Motions require an opposition be filed “All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days….”
See CCP § 1005.
I was involved in a car accident in California where I was not at fault. During mediation, the final offer was $100,000, but my attorney advised waiting. Two weeks later, I received a release for $85,000 without prior notice. I requested to see the other party's proposal offer, the total... View More
answered on Apr 21, 2025
There are several red flags that indicate cause for concern, and others do not.
The portion coming from your own insurance company would not be included in the release.
It is unclear why the settlement is no longer $100,000.
Liens can be negotiated, in some situations,... View More
I was involved in a car accident where I was not at fault. During mediation, the final offer was $100,000, but my attorney suggested waiting. Two weeks later, I received a release for $85,000, and I had no knowledge of this change. I've requested to see the other party's proposal offer,... View More
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answered on Apr 20, 2025
No, your attorney cannot ethically withhold settlement information from you until you sign a release. Under California Rule of Professional Conduct 1.4.1, your attorney has a duty to promptly communicate all "amounts, terms and conditions of any written offer of settlement made to the... View More
I am being sued by a debt collector in Orange County, California, for unpaid credit card debt amounting to about $13,000. The complaint was filed on April 15, 2025, but I haven't been served yet. I did not respond to previous contacts by the debt collector, and I plan to file an answer. There... View More
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answered on Apr 19, 2025
For your Orange County case involving unpaid credit card debt, you have two primary options. In California, you can file a petition to compel arbitration instead of filing an Answer to the complaint. If you choose this route and the petition is denied, you will have 15 days after the denial to file... View More
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