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Arbitration / Mediation Law Questions & Answers
2 Answers | Asked in Family Law, Arbitration / Mediation Law and Domestic Violence for New York on
Q: Hello. My Fiance's mother has continuously violated a court ordered stipulation for visitation with my 6 year old son.

In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 22, 2023

You should file a violation petition with the court and perhaps a modification petition to change the supervisor of the visits.

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2 Answers | Asked in Family Law, Arbitration / Mediation Law and Domestic Violence for New York on
Q: Hello. My Fiance's mother has continuously violated a court ordered stipulation for visitation with my 6 year old son.

In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Jan 25, 2023

You should consider filing a Violation Petition. Among the remedies, the Court may reduce or cancel the visits - or make them supervised at a clinic. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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1 Answer | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Oklahoma on
Q: How can I get my part off my inheritance of my sister's won't sell house my mom left us all? They are living in it.

My mom left her 5 children her house in a will. All our names are on the deed. My 2 sisters live in the house and will not sell it. They won't let me see the will and get nasty when I mention them buying me out. Last I remember was my mom saying it was suppose to sell but not sure if it was... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 20, 2023

If the Will was Probated then it will be at the Courthouse. Hire a competent OK attorney to file suit for a Sale For Partition.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for Nebraska on
Q: I recently filed a modification of custody and was told that the next course of action is mediation.

Is it true that evidence brought up during a mediation cannot be brought up in court before a judge. Since i know my ex and i wont be able to agree during mediation.

Julie Fowler
Julie Fowler
answered on Jan 10, 2023

At trial, you can generally testify as to what the other party said to you. One exception to this is usually that comments that a person said to you as part of a formal mediation session are not allowed to be disclosed in Court.

Thus, generally yes, statements made in mediation are...
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2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for New York on
Q: Kindly share ANY precedent of Civil Mediation ADR that have occurred via mail, instead of in-person.

Dear All,

In Ref: EF2021-0863, Tompkins County. In a complicated Civil Lawsuit of an Absentee Landlord against Rental Management Agency, and therefore its two vulnerable tenants, The Supreme Court has referred the case to Civil Mediation Court for ADR for settlement.

One of the... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2023

A landlord-tenant attorney could probably advise best, but your question remains open for a week. At this point, one option might be to contact the American Arbitration Association to explore whether they could offer guidance on your inquiry. I have had mail-based arbitrations through the AAA... Read more »

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2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for New York on
Q: Kindly share ANY precedent of Civil Mediation ADR that have occurred via mail, instead of in-person.

Dear All,

In Ref: EF2021-0863, Tompkins County. In a complicated Civil Lawsuit of an Absentee Landlord against Rental Management Agency, and therefore its two vulnerable tenants, The Supreme Court has referred the case to Civil Mediation Court for ADR for settlement.

One of the... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 12, 2023

Dear Bhuvan:

Good day. You did not mention your relation to the tenants, the litigation, and the property. But you are a defendant, united in interest with your co-tenant, also a defendant, you were represented by Legal Services counsel, your counsel was permitted to be relieved of the...
Read more »

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3 Answers | Asked in Arbitration / Mediation Law, Consumer Law, Small Claims and Contracts for New Jersey on
Q: Can a plumber or electrician violate the New Jersey Consumer Fraud Act ("NJCFA")?

Or is the NJCFA only applicable to home improvement contractors such as general contractors?

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 26, 2022

Yes, the New Jersey Consumer Fraud Act, which provides for triple damages plus attorneys fees has a very broad reach and can even be applied to businesses as well as people. Not only can plumbers and electricians be held in violation of the NJ Consumer Fraud Act, but also the New Jersey Home... Read more »

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3 Answers | Asked in Arbitration / Mediation Law, Consumer Law, Small Claims and Contracts for New Jersey on
Q: Can a plumber or electrician violate the New Jersey Consumer Fraud Act ("NJCFA")?

Or is the NJCFA only applicable to home improvement contractors such as general contractors?

Morris Leo Greb
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Morris Leo Greb
answered on Dec 26, 2022

NO

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1 Answer | Asked in Arbitration / Mediation Law, Contracts, Education Law and Internet Law for Missouri on
Q: This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

The case starts with discrimination and a huge negligence issue all the way to the Dean of that building. Then the VP of Student affairs emailed me several times (she didn't know I was cc'd) with three employees I don't knit l know, misrepresenting themselves as the President of ASU.... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Dec 24, 2022

All I can discern from your post is the your child was the victim of some sort of discrimination based on sexual orientation and that you cannot afford to pay an attorney by the hour to represent her. I suggest you contact some attorneys who handle discrimination matters and see if anyone would... Read more »

1 Answer | Asked in Small Claims and Arbitration / Mediation Law for Florida on
Q: 2x hotels.com booked a room that was unavailable.Say they’ll b n contact thru email a few times;disappear without refund

The sea dip never got the reservation stating they don’t even know how I rented the room. They say they have private owners, but no way of who rented the room. The phone number on file kept going to voicemail and they said they didn’t know who that was and hotels.com never refunded my money.... Read more »

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

File your arbitration case.

As stated in Hotels.com’s terms and conditions of usage:

“Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling...
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1 Answer | Asked in Contracts, Arbitration / Mediation Law, Civil Rights and Education Law for Arizona on
Q: This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

The case starts with discrimination and a huge negligence issue all the way to the Dean of that building. Then the VP of Student affairs emailed me several times (she... Read more »

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Obviously a case of this nature is not something a novice attorney ought to be handling. And, of course, it would be foolish to bring without an attorney at all.

There are a few attorneys who regularly sue colleges and universities for discrimination. Occasionally, advocacy groups fund...
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3 Answers | Asked in Bankruptcy, Consumer Law, Tax Law and Arbitration / Mediation Law for Maine on
Q: Q: File bankruptcy or hire a debt company like freedomdebtrelief (d0t) com? Unemployed, 61yrs w/~54k in cc debt.

Unemployment runs out before I can collect social. I have no 401k or savings, I can't pay the minimums and don't know even know which debt companies are reputable? Does using a debt company prevent me from applying another recourse later?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 19, 2022

I've had several clients tell me that they've tried "debt relief" companies, but none were happy with the results (if any).

The going rate for a Chapter 7 bankruptcy filing, for attorneys fees plus court costs, is about $2,000, for a simple, straightforward case....
Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Divorce for Texas on
Q: Divorce mediation was ordered by Judge but I can’t afford to pay for my mediation

Judge stated I had money in my 401k and for me to pay for mediation from that account. The rules for loans from 401k don’t allow me to use the funds. What legal repercussions are there for not being able to afford mediation?

John Michael Frick
John Michael Frick
answered on Dec 6, 2022

In almost all situations, an employee can make an early withdrawal from their 401k plan to pay a mediation fee in a pending divorce case. It happens all the time.

Good luck trying to prove your 401k plan will not allow you to make an early withdrawal under such circumstances.

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Texas on
Q: Going thru a divorce in TX. The judge issued a Level 2 Discovery. Opposing attorney has yet to comply. What can I do?

The Discovery was the exchanging of appraisal lists within 30 days. It has been 45 days and I have yet to receive any documents from exs attorney. I wanted to know what I could do since I’m unable to retain an attorney. Just wanted some guidance and I know I need an attorney but I don’t... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 6, 2022

File a Motion to Compel the missing discovery,

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Identity Theft for California on
Q: Is it legal for a company to request a copy of my CA driver's license?

I purchased a $500 prepaid Visa gift card from a grocery store in CA in 2022. An unknown person registered it in his name after I used $387 of the $500. Customer Service for the Bank who issued the Visa gift card refuses to fraud out this Visa card because the thief registered it in his name.... Read more »

Leon Bayer
Leon Bayer
answered on Nov 30, 2022

My experience with prepaid cards is that you have to register the card before it becomes active. Based on the information in your question, it seems to me that you did not purchase the card.

3 Answers | Asked in Criminal Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Can you serve a letter to the defendant on a certain date when I know he will be in court present with his other case?

Defendant not available at home for certified letter. I know he had court date with someone else. Can I serve papers there?

Yes it's demand letter. One more question, how to do it?

Lyndsie Nichole Russell
Lyndsie Nichole Russell
answered on Dec 2, 2022

Different types of documents have different service requirements. Personal service is acceptable under many of thee statutes; however, there is not enough information to determine if you could personally serve the demand letter in your case. Please be aware that under many of the California... Read more »

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Q: I purchased a vehicle from an Auction Company in OK that did not disclose Salvage Title. Do I have a case to sue?

I live in NC.

I purchased the car from an Auction in OK.

They did not disclose prior salvage history or its current salvage title prior to sale either on the description or during dialogue on sale day.

The only document I received regarding the purchase was an invoice that... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 29, 2022

Did the auction company advertise this sale to you personally, or otherwise reach into North Carolina to attract North Carolina bidders? if not, you should look for an Oklahoma licensed attorney with automobile fraud experience to have a consultation with. Your lawsuit would most likely have to be... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Wisconsin on
Q: Can our Grandsons mother stop let us see our grandson with no warning? Our son died in 2020 and they were never married

Since 2020, he has come to stay every other weekend until 3 months ago, something changed and we've seen him once.

Over this last summer, she didn't let him stay half the summer like before because he's watching his 4 small siblings while her and her boyfriend work.... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 27, 2022

You can file a Motion for Grandparent Visitation for a Court Ordered schedule to see him if she is denying you contact.

1 Answer | Asked in Arbitration / Mediation Law for Oklahoma on
Q: What does it mean to specify my claim and components in an arbitration proceeding or what all does it consist of?
Gary Johnston Dean
Gary Johnston Dean
answered on Nov 21, 2022

Arbitration is too involved to FULLY explain here. But basically the parties go through a process to choose an Arbitrator, who sits as a judge, and hears testimony and evidence on your claims. Depending upon the language of the arbitration clause, his decision may, or may not be a final... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Business Formation and Contracts for Utah on
Q: I live in Utah and signed a contract with an LLC located in Nevada. Where do I file for arbitration?

They have not fulfilled their end of the contract and now owe me $12,000. They are no longer answering my messages and I would like to get this money back as soon as possible.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Nov 21, 2022

You will first need to look to the contract provisions to see what they say about arbitration. If the other party is nonresponsive, then you could likely set up the arbitrator, give them notice of the time and place of arbitration and if they don't show up then the arbitrator can give you a... Read more »

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