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New York Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: I was injured in a slip and fall. My attorney thinks I should go into arbitration

but I am worried I wont' get enough money. Once arbitration has started can I change my mind and back out?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 26, 2017

It depends on whether the arbitration is binding or not. Read the arbitration terms and rules first. 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: I'm in arbitration, but I don't think a member of the panel is qualified. Can I get him kicked off?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 26, 2017

That is often the case! Check the terms of the arbitration rules. 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 in CA, NY, MA,... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: I'm working with someone overseas.

He asked me to sign an agreement about the scope of work and there's something in there about arbitration. Does that mean I couldn't sue him in the United States?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 26, 2017

It depends on the exact terms of the contract. 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 in CA, NY, MA, and DC in the... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: How do I appeal and arbitration decision.
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

Check the rules of arbitration that you agreed to. Even in binding arbitration, there are a few exceptions to the no-appeals general rule. The best first step is an Initial Consultation with an Attorney. 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 can I do if I get sued in Arbitration and I dint have money for fees?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

You can't get blood from a rock. 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 in CA, NY, MA, and DC in the following... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: what happen if I was sued in arbitration and I dont have money for the arbitration fees?

I am sure that I will win the arbitration.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

There may be a provision for fee waivers in the arbitration rules. Read them. 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 in... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: If a court or arbitration panel asks an attorney to complete a fee affidavit what constitutes the truth?

If a court or arbitration panel asks an attorney to complete a fee affidavit, and the attorney fails to include the contingency fee or a discount payback (recapture) to the panel, is he failing to be complete and truthful to the panel? . The fees not disclosed would then be coming out of the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

The client/ opposing party should present all the evidence necessary to support his/her own case. 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 and Family Law for New York on
Q: is it ok to go to a. divorce mediator with a bipolar verbally abusive spouse how do I protect myself
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

Hire a lawyer. Mediation is typically voluntary, unless court-ordered. 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 in CA, NY,... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: How do you select an arbitrator? What if the arbitrator previously represented someone I'm in arbitration with?

I'm in the process of going through arbitration and the arbitrator selected previously represented my ex employer. Should I be concerned? I prefer an arbitrator that had no previous or existing ties to my ex employer.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

You should both select on an arbitrator that has no relationship with either of you and that you both agree to use. 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... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What do you do if your attorney doesn't respond to you? It's been months since he was supposed to file an arbitration.
Charles Snyderman
Charles Snyderman
answered on May 16, 2014

Unfortunately, communications between lawyers and clients are sometimes unsatisfactory. You said that your attorney doesn't respond to you. If your phone calls aren't being returned, send your attorney a written letter asking your questions. If you do not get a prompt response from your... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What is alternative dispute resolution?
Mark A. Siesel
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answered on Jul 22, 2011

Alternative dispute resolution is either an arbitration, which is binding on the parties, and a mediation, which is not. These are two alternatives to going to Court to resolve the differences among the parties.

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Does new york state allow interpleadings?
Mark A. Siesel
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answered on Jul 16, 2011

There is no such thing as "interpleadings." If you are asking about interpleader, in which one party can "interplead" or bring into the case another party, the answer is yes, that is permitted, as long as the statute of limitations against the party being brought into the case has not yet expired.

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Is there a way to take a case from arbitration to a normal court proceedings?
Mark A. Siesel
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answered on Jul 16, 2011

That depends on many factors. In a lot of cases, the parties agree to "mandatory arbitration" of any disputes. If you are a signatory to such an agreement, you cannot transfer the case to normal Court proceedings. If the case has already been decided in an arbitration, an appeal can... View More

2 Answers | Asked in Arbitration / Mediation Law for New York on
Q: What is the difference between a mediation and an arbitration?
Mark A. Siesel
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answered on Apr 28, 2011

In a mediation, the recommendations of the mediator as to resolution of the case are non-binding, so that either party can decide not to settle. In an arbitration, whatever the arbitrator decides is binding on the parties. I much prefer mediations to arbitrations as they are also, in my... View More

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