Arbitration / Mediation Law Questions & Answers by State

Arbitration / Mediation Law Questions & Answers

Q: Seller refuses to release earnest money deposit. Wants to split the 5k. I think is unfair. I offered 1k but wants half.

2 Answers | Asked in Banking, Contracts, Real Estate Law and Arbitration / Mediation Law for Florida on
Answered on Mar 16, 2017

I suggest that you speak with a real estate attorney in your area. The real estate contract should govern the result here. However this type of situation will turn upon small details of dates and times. You need a lawyer who can read the signed contract and related emails and then Give you an opinion.
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Q: We 3 siblings own our dead mother's house. Only my sister has access to utility bills. I pay sister but nothing on.

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Indiana on
Answered on Mar 11, 2017

If all of you are on the deed you should all have access to pay the utility bills. If your sister is supposed to be paying the utility bills but is not, stop paying her for the utility bills and contact the utility companies directly to pay off the outstanding balances in order to get the power and other utilities turned back. Ask your sister what happened to the money and ask for repayment for what you have given her so far. If she refuses to pay, consult with an attorney to file a claim in...
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Q: What is the arbitrator's role in a dispute both parties are trying to settle out of court?

1 Answer | Asked in Arbitration / Mediation Law for New York on
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. Choosing a good arbitrator is key. Have a lawyer help you do so, and you should hire a lawyer to represent you in the arbitration hearing. More details are necessary to provide a professional analysis of...
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Q: Hello. I would like to know if you can file a complaint against the bbb in your state? If so, whom would I contact?

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Lemon Law for California on
Answered on Mar 1, 2017

You can sue such a company in civil court if you have a valid factual and legal basis. You may be able to appeal the arbitration decision as well, depending on the arbitration agreement terms. 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 website. I practice law in CA, NY,...
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Q: how i can defend myself from cslb mishandling my case and avoid license suspension? cslb interfere in small claim court

1 Answer | Asked in Business Law and Arbitration / Mediation Law for California on
Answered on Feb 24, 2017

You might be able to appeal the decision of the arbitrator, if you do so in a timely manner. Judges and arbitrators quite often make factual and legal errors, suffer from bias, or simply don't pay attention to facts. It may be worth it to you to appeal, or not - depending on what you're up against. 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,...
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Q: Granny signed car to me 30 days before death. Adult granddaughter wants it against my will. Can she get it? (Colorado)

2 Answers | Asked in Arbitration / Mediation Law, Probate and Small Claims for Colorado on
Answered on Feb 19, 2017

Probably not. Granny can make gifts as she pleases. Unless Granny lacked the mental capacity to understand what she was doing, or there was fraud or undue influence, it's an inter-vivos gift that is not part of Granny's probate estate. Granddaughter has a tough row to hoe to win that battle. Doesn't mean she won't try, and if she dies you'll need an attorney. Good luck.
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Q: I won an arbitration award against my former attorney. He died 1 month later. Do I file a proceeding in probate court?

1 Answer | Asked in Arbitration / Mediation Law and Probate for New York on
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.
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Q: Is my girlfriend entitled to half my property if it is still owed and she has contributed to payments and maintenance?

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law, Landlord - Tenant and Small Claims for Texas on
Answered on Feb 16, 2017

It sounds like the two of you could sort this out with a mediator's input. I doubt she will agree to anything if she is not paid back, at least in part, for any contributions she has made to the purchase or improvement of property.
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Q: Is there a way to return property to the owner without suing someone through civil courts, like a third-party mediator?

1 Answer | Asked in Civil Litigation, Small Claims and Arbitration / Mediation Law for Texas on
Answered on Feb 16, 2017

An attorney could send a demand and explain the next steps he or she would take if the property is not returned. Mediation would be appropriate if both parties have claims against each other, so there can be some trade-off and negotiation. If all that is at issue is the laptop I would have your attorney send a demand.
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Q: I've heard that arbitration clauses unfairly benefit the company requesting them (like a nursing home). Is there any

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Answered on Feb 14, 2017

Arbitration clauses do favor the company by allowing them to choose the forum and the process to settle controversies. It denies the other party use of the jurisdictional legal system and denies them of their right to a jury trial.
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Q: I bought a house with the understanding certain repairs would be done that aren't

1 Answer | Asked in Arbitration / Mediation Law for New York on
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, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce...
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Q: I have a dispute with a local store owner in town - something I bought keeps breaking.

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Answered on Feb 3, 2017

No. No one can be forced into mediation.
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Q: How do you select an arbitrator? What if the arbitrator previously represented someone I'm in arbitration with?

1 Answer | Asked in Arbitration / Mediation Law for New York on
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 law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: is it ok to go to a. divorce mediator with a bipolar verbally abusive spouse how do I protect myself

1 Answer | Asked in Arbitration / Mediation Law and Family Law for New York on
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, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...
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Q: If a court or arbitration panel asks an attorney to complete a fee affidavit what constitutes the truth?

1 Answer | Asked in Arbitration / Mediation Law for New York on
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 website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice;...
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Q: what happen if I was sued in arbitration and I dont have money for the arbitration fees?

1 Answer | Asked in Arbitration / Mediation Law for New York on
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 CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any...
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Q: What can I do if I get sued in Arbitration and I dint have money for fees?

1 Answer | Asked in Arbitration / Mediation Law for New York on
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 areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...
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Q: How do I appeal and arbitration decision.

1 Answer | Asked in Arbitration / Mediation Law for New York on
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 appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: I'm working with someone overseas.

1 Answer | Asked in Arbitration / Mediation Law for New York on
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 following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or...
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Q: I'm in arbitration, but I don't think a member of the panel is qualified. Can I get him kicked off?

1 Answer | Asked in Arbitration / Mediation Law for New York on
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, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...
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