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New York Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Personal Injury and Small Claims for New York on
Q: What takes place after an arbitration, and how long will it take to receive an award?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

The arbitrator's rules should have been provided to you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Would a contract requiring arbitration in the following specific way be enforceable? Have you heard of such a practice?

The goal of these restrictions is to reduce the cost and length of an arbitration proceeding:

(1) Parties agree to use one specific arbitrator.

(2) Parties agree that arbitration will occur in two non-overlapping phases: In the first phase, on a pre-determined time frame, a... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 8, 2017

That may be considered unconscionable language. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What does conciliation mean in the context of arbitration?
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

More context is needed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Who is required to pay the mediation fees, or is it always split 50-50?
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 5, 2017

It depends on any related court orders and contracts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What is the difference between an arbitration hearing and a regular court proceeding?
Ali Shahrestani,
Ali Shahrestani,
answered on May 8, 2017

Arbitration is more informal, not in court, and may be binding or not in its decision, depending on the rules agreed to by the parties beforehand. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: I'm considering arbitration over a court suit, but the paperwork the other party gave me to sign says the losing party

is responsible for all arbitration fees. Is that legal?

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 22, 2017

That is typical, but there may be defenses depending on the contract and related facts.

See: http://www.aeesq.com/business-law/business-lawsuits/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What is the arbitrator's role in a dispute both parties are trying to settle out of court?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 8, 2017

Neutrality is key, as is listening carefully and open-mindedly to the facts, knowing the facts and law related to the incident, helping to work out a mutually agreeable resolution, making a decision that is based on the facts and law, and writing a coherent and accurate statement of decision.... View More

1 Answer | Asked in Arbitration / Mediation Law and Probate for New York on
Q: I won an arbitration award against my former attorney. He died 1 month later. Do I file a proceeding in probate court?

I know it has to be against his estate. Is this the right way to go? I don't have a judgement, just an award letter.

Michael David Siegel
Michael David Siegel
answered on Feb 19, 2017

If he has an estate open, you need to file a claim, which is done by sending your claim to the executor and filing it. Do this by delivery confirmation (certified, FedEx, etc.). However, there is a time limit to confirm an award for a judgment, so you need to file to make the deadlines.

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: I bought a house with the understanding certain repairs would be done that aren't

- who do I mediate this with the agent or the actual sellers?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

What does the purchase agreement say about disputes? It sounds like you may want to pursue the seller. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: I had my divorce mediated a few years ago.

Things are now not so amicable and I'd like to involve a judge. Can I do that?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

I see no reason why not. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New York on
Q: I am going to be evicted due to a non working pump and furnace repairman coming Tuesday for both).,,,and clutter.

my infared heaters do just fine. Ni inside inspection till Thursday,but at Monday's town meeting they plan on railroading me just the same. I have asked fir mire time ti clear my home, but they want it done YESTERDAY! I need a temporary injunction, town lawyer said they would stop then!... View More

Barry E. Janay
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answered on Jan 9, 2017

I honestly would love to help you, but I have mouths to feed myself and I am pretty sure that you wouldn't want to pay me a retainer to get started. I suggest that you contact the local bar association in the county, town, municipality in which you live requesting a referral or for the number... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Will I get a say in who the arbitrators will be in my securities case?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

It depends on the terms of any arbitration agreement you signed, if applicable. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: How do I go about getting a mediator for a family dispute - one party does not want to participate.
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

You cannot force a party to mediate. A Child Custody motion may be appropriate. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Is it common for the non-prevailing party in an arbitration matter to have to pay all fees for all parties?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

It depends on the arbitration agreement you sign prior to beginning the arbitration. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Do I have to pay for the arbitrator in my injury case?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

Typically, arbitration agreements require the parties to split the fees, but read your particular agreement for answers. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What should I look for when choosing a mediator in my divorce case?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

Lack of bias, great educational credentials, publications, testimonials, honors, awards: the same thing you'd seek in a great lawyer. See: http://www.prometheuslaw.com/the-right-attorney/

The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: I was in arbitration with a guy who I was in an auto collision with.

I was found 100 percent at fault, but I disagree. What are my next steps here?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

It depends on whether the arbitration was binding or not. Check the arbitration agreement you signed. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: If I'm being asked to testify during an arbitration hearing do I have to go?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

It depends on whether you have been subpoenaed via a judicial order - that would be quite rare, unless it is for a judicial arbitration hearing within a lawsuit or some other court-ordered arbitration hearing. The best first step is an Initial Consultation with an Attorney. You can read more about... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What is binding arbitration?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

When the decision of the arbitrator is binding, that means you and the other party agree to the finality of that decision. See: https://www.nycourts.gov/ip/adr/What_Is_ADR.shtml

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,...
View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: I'm in arbitration in a personal injury case. I'd like to get some information from the other side. How do I do this?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

There are limited discovery rules in arbitration. Read the rules provided by your arbitrator. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More

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