Arbitration / Mediation Law Questions & Answers by State
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Arbitration / Mediation Law Questions & Answers
Q: Why would a prosecutor ask for records to be sealed in a criminal drug case?
1 Answer
| Asked
in
Criminal Law and Arbitration / Mediation Law
for
Indiana
on
Answered on Feb 16, 2019
Answered on Feb 16, 2019
Q: I was given a warranty deed but I'm confused if it is only for the real estate or is personal property included?
1 Answer
| Asked
in
Real Estate Law, Arbitration / Mediation Law and Business Law
for
Texas
on
Answered on Feb 12, 2019
Answered on Feb 12, 2019
Thomas A. Grossman's answer
A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than California law. I would find a Probate lawyer and they will tell you much more than I can. Good Luck.
A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than California law. I would find a Probate lawyer and they will tell you much more than I can. Good Luck.
Q: How do you file for more time to retain a lawyer if your spouse has filed for divorce? Judge gave 2 wks. I work FT!HELP
4 Answers
| Asked
in
Arbitration / Mediation Law, Child Custody, Divorce and Family Law
for
Georgia
on
Answered on Feb 2, 2019
Answered on Feb 2, 2019
Kim Ebert's answer
Contact a competent attorney today and let your attorney deal with the Court forevermore ;)
Otherwise, contact the Court. You’ll find yhe sooner you retain an attorney the sooner the plane has a pilot.
Contact a competent attorney today and let your attorney deal with the Court forevermore ;)
Otherwise, contact the Court. You’ll find yhe sooner you retain an attorney the sooner the plane has a pilot.
Q: I'm searching for a NC attorney who can review a financial services consulting agreement.
1 Answer
| Asked
in
Employment Law, Arbitration / Mediation Law and Securities Law
for
North Carolina
on
Answered on Jan 25, 2019
Answered on Jan 25, 2019
Timur Akpinar's answer
You could contact the North Carolina Bar Association for assistance. They have an attorney referral service.
Tim Akpinar
You could contact the North Carolina Bar Association for assistance. They have an attorney referral service.
Tim Akpinar
Q: Can I legally perform mediation for divorce from my husband if both of us agree on the terms?
Ali Shahrestani, Esq.'s answer
Mediation involves a 3rd party neutral professional. It seems you're considering a marital settlement agreement via negotiations with the dad. Child custody orders, including child support, should be issued by a Court to be legally valid. See: https://www.mass.gov/info-details/massachusetts-law-about-child-custody-and-parenting-time. You may be wise to have a lawyer handle these negotiations, draft a proposed settlement agreement, and file it in Court seeking an Order on the agreed terms. This...
Mediation involves a 3rd party neutral professional. It seems you're considering a marital settlement agreement via negotiations with the dad. Child custody orders, including child support, should be issued by a Court to be legally valid. See: https://www.mass.gov/info-details/massachusetts-law-about-child-custody-and-parenting-time. You may be wise to have a lawyer handle these negotiations, draft a proposed settlement agreement, and file it in Court seeking an Order on the agreed terms. This...
Q: I need representation for probate of my mother's estate. I need someone who deals with special needs trusts
1 Answer
| Asked
in
Estate Planning, Arbitration / Mediation Law, Civil Rights and Social Security
for
Maryland
on
Answered on Jan 24, 2019
Answered on Jan 24, 2019
Mark Oakley's answer
Try to find a lawyer in the jurisdiction where the estate is filed, for convenience. Most estate lawyers understand special needs trusts. You cannot solicit (and attorneys cannot solicit) business on this site per the site rules. You can, however, call lawyers who answer questions on this site, and discuss your case, or use the search function for locating a lawyer in your area to call. Then you can make arrangements to meet with and hire a lawyer.
Try to find a lawyer in the jurisdiction where the estate is filed, for convenience. Most estate lawyers understand special needs trusts. You cannot solicit (and attorneys cannot solicit) business on this site per the site rules. You can, however, call lawyers who answer questions on this site, and discuss your case, or use the search function for locating a lawyer in your area to call. Then you can make arrangements to meet with and hire a lawyer.
Q: Which would be better for me... I truly can’t afford a lawyer but I want to see my child. mediation or other?
2 Answers
| Asked
in
Arbitration / Mediation Law and Child Custody
for
North Carolina
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Kelli Y Allen's answer
Mediation can be very effective. I recommend trying mediation as early in the process as possible, as you can save a lot of time and money if it works. You don't indicate whether there has been a court filing yet, but if so, the judge will actually order mediation. If a court case has not been filed, mediation may prevent the need for attorneys and it keeps the decision-making between the parties rather than turning that over to a judge.
Mediation can be very effective. I recommend trying mediation as early in the process as possible, as you can save a lot of time and money if it works. You don't indicate whether there has been a court filing yet, but if so, the judge will actually order mediation. If a court case has not been filed, mediation may prevent the need for attorneys and it keeps the decision-making between the parties rather than turning that over to a judge.
Q: How can A company enforce a mutual binding arbitration agreement, If I was terminated two days prior to signing the form
1 Answer
| Asked
in
Arbitration / Mediation Law and Civil Litigation
for
Colorado
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
Donald C Eby's answer
If you have not agreed to an arbitration agreement the company will not be able to compel arbitration.
If you have not agreed to an arbitration agreement the company will not be able to compel arbitration.
Q: I have a deceased Father that I just learned about through DNA. The family is not forthcoming in any information .
1 Answer
| Asked
in
Arbitration / Mediation Law and Estate Planning
for
Indiana
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
James Whitney's answer
I can relate as I found my biological father through a combination of DNA and paper trail research long after he had deceased.
Unfortunately, those in our situation have no legal rights as heirs or children without initiating steps to solidify our status as a child of the father we found.
For my part, I filed a petition in court for a name change to include my biological father's name in my name. Thus, my name now, by court order, is Arthur James Wilcox Whitney. This has...
I can relate as I found my biological father through a combination of DNA and paper trail research long after he had deceased.
Unfortunately, those in our situation have no legal rights as heirs or children without initiating steps to solidify our status as a child of the father we found.
For my part, I filed a petition in court for a name change to include my biological father's name in my name. Thus, my name now, by court order, is Arthur James Wilcox Whitney. This has...
Q: Ownership dispute with previous roommate
Thomas A. Grossman's answer
Most people become very attached to their pets. Since you paid the fees and "adopted" the dog, you should have some rights to at least visit the dog. It would be easier to work out a solution if both of you could come up with a plan for sharing the dog. If she absolutely refuses to let you see the dog, you could take the matter to small claims court. If you do, be sure to bring all the papers with you. Good Luck.
Most people become very attached to their pets. Since you paid the fees and "adopted" the dog, you should have some rights to at least visit the dog. It would be easier to work out a solution if both of you could come up with a plan for sharing the dog. If she absolutely refuses to let you see the dog, you could take the matter to small claims court. If you do, be sure to bring all the papers with you. Good Luck.
Q: If a lawyer for a corporate plaintiff insists on misrepresenting a claim of the corporation's Board of Directors
Daniel DiCicco's answer
If you are in a legal battle with a corporation and don't have your own counsel, you are really walking a risky path. I have seen people do this kind of pro se representation and end up getting absolutely wrecked with an attorney fee bill -for the other side- at the end of it.
You need to talk to a business lawyer ASAP.
If you are in a legal battle with a corporation and don't have your own counsel, you are really walking a risky path. I have seen people do this kind of pro se representation and end up getting absolutely wrecked with an attorney fee bill -for the other side- at the end of it.
You need to talk to a business lawyer ASAP.
Q: Is it possible to have my case be transfered from one court house to another court house in the same county
1 Answer
| Asked
in
Family Law, Arbitration / Mediation Law and Child Custody
for
California
on
Answered on Jan 2, 2019
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
A change of venue is requested via a Motion, and you would have to show good cause for that request. 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 appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...
A change of venue is requested via a Motion, and you would have to show good cause for that request. 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 appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...
Q: My wife wants a divorce and wants to take the kids out of state in the middle of the school year when my son has a
1 Answer
| Asked
in
Arbitration / Mediation Law, Child Custody, Divorce and Family Law
for
New Jersey
on
Answered on Dec 25, 2018
Answered on Dec 25, 2018
Leonard R. Boyer's answer
NO! She cannot leave N.J. without a Court Order, which allows it. You can certainly fight this by retaining an experienced matrimonial attorney. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it...
NO! She cannot leave N.J. without a Court Order, which allows it. You can certainly fight this by retaining an experienced matrimonial attorney. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent could relocate to another state with a child so long as the move was made in good faith and was not “inimical [harmful] to the child’s best interests.” In today’s Bisbing v. Bisbing ruling, it...
Q: Do both parties in a divorce case mediation get served papers? Thank you
1 Answer
| Asked
in
Arbitration / Mediation Law and Child Custody
for
Idaho
on
Answered on Dec 23, 2018
Answered on Dec 23, 2018
Kevin M Rogers' answer
Yes. Any kind of mediation is ordered by the Court. The Court has rules it goes by and one of those is procedural due process, which includes no ex-parte communication and giving each party notice of anything that the court needs input on or that the court orders them to do, such as Mediation.
Yes. Any kind of mediation is ordered by the Court. The Court has rules it goes by and one of those is procedural due process, which includes no ex-parte communication and giving each party notice of anything that the court needs input on or that the court orders them to do, such as Mediation.
Q: What is difference between mediation and arbitration
Timur Akpinar's answer
Arbitration is generally binding, while a mediator generally tries to assist the disputing parties toward a resolution without rendering a binding decision. This is more or less a fundamental attribute that distinguishes the two alternate dispute resolution techniques from one another across the nation. There can be deeper differences governed by state law, the rules of the forums, etc. If this concerns an actual situation about which you need legal guidance, consult with a Georgia attorney who...
Arbitration is generally binding, while a mediator generally tries to assist the disputing parties toward a resolution without rendering a binding decision. This is more or less a fundamental attribute that distinguishes the two alternate dispute resolution techniques from one another across the nation. There can be deeper differences governed by state law, the rules of the forums, etc. If this concerns an actual situation about which you need legal guidance, consult with a Georgia attorney who...
Q: I have a real estate dispute that's supposed to be mediated first
Thomas A. Grossman's answer
If the parties don't like the outcome of the mediation, the next step is to go to binding Arbitration. I assume that the escrow papers have a mediation and an arbitration provision in then, and that both parties of signed both provisions. If one party has not signed the agreements, the there is no mediation or arbitration.
If the parties don't like the outcome of the mediation, the next step is to go to binding Arbitration. I assume that the escrow papers have a mediation and an arbitration provision in then, and that both parties of signed both provisions. If one party has not signed the agreements, the there is no mediation or arbitration.
Q: I am in need of a Mediation Attorney to represent me this Wednesday, 12/5, from 9 - 11 AM.
1 Answer
| Asked
in
Arbitration / Mediation Law, Child Support, Divorce and Family Law
for
Colorado
on
Answered on Dec 3, 2018
Answered on Dec 3, 2018
John Hyland Barrett III's answer
I may be available depending on location and type of case. You can call me to discuss it.
I may be available depending on location and type of case. You can call me to discuss it.
Q: What is the difference between settling a lawsuit and mediating a lawsuit?
Timur Akpinar's answer
I do not practice in Florida, but in general, settling a lawsuit essentially means reaching an agreement with the other party or their insurance carrier. Mediating the lawsuit means going before a mediator who works toward trying to help the parties reach an agreement. This is general information. If you are actually involved in a lawsuit, a Florida attorney could provide more comprehensive and detailed guidance.
Tim Akpinar
I do not practice in Florida, but in general, settling a lawsuit essentially means reaching an agreement with the other party or their insurance carrier. Mediating the lawsuit means going before a mediator who works toward trying to help the parties reach an agreement. This is general information. If you are actually involved in a lawsuit, a Florida attorney could provide more comprehensive and detailed guidance.
Tim Akpinar
Q: Will I be assigned an arbitrator, or do I have a say in who gets picked for my employment dispute?
Thomas A. Grossman's answer
Without knowing more about your situation, and not being familiar with New York law on ADR, my guess is that if you signed an employment agreement with your employer, it should deal with how a mediator or arbitrator is selected. If not, you could approach your employer and ask him/her about it. On the other hand, if you are already in litigation, the courts will offer ask you to go to mediation or arbitration, and you and your employer must agree on the mediator or arbitrator. Hope that...
Without knowing more about your situation, and not being familiar with New York law on ADR, my guess is that if you signed an employment agreement with your employer, it should deal with how a mediator or arbitrator is selected. If not, you could approach your employer and ask him/her about it. On the other hand, if you are already in litigation, the courts will offer ask you to go to mediation or arbitration, and you and your employer must agree on the mediator or arbitrator. Hope that...
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