Your current state is Virginia
With Arbitration complete, Defendants file Petition to Confirm Contractual Arbitration Award while Plaintiff files to Vacate - do both parties still need to respond to each others Petition in addition to each submitting their own?
And, please, is there a reference available on Section... Read more »
answered on May 23, 2023
Cross-Petitions to Confirm and Vacate do need to respond to the extent possible, to the claims of the other party. The burden is on the party seeking to vacate, therefore, in addition to demonstrating (in the Petition to Vacate) the grounds for vacatur, the allegations of the Petition to Confirm... Read more »
If one party wants to confirm and they file a Petition and the Plaintiff wants to Vacate the Contractual Arbitration Award, can both parties file a petition? And how long do they have since I've found answers that claim 100 days and now I see 10 days which means I am late. Do I have to respond... Read more »
answered on May 18, 2023
Let me unpack your question since there are a few parts. First, I understand that the opposing party has filed a Petition/Motion to confirm the Award and you want to vacate the Petition. Yes, you file in the same case (which is brought to confirm) in order to vacate the Award. The law is that, if a... Read more »
If one party wants to confirm and they file a Petition and the Plaintiff wants to Vacate the Contractual Arbitration Award, can both parties file a petition? And how long do they have since I've found answers that claim 100 days and now I see 10 days which means I am late. Do I have to respond... Read more »
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answered on May 18, 2023
Yes, both parties involved in a contractual arbitration can petition to confirm, correct, or vacate an arbitration award. The specific procedures and grounds for seeking confirmation, correction, or vacation of an arbitration award may vary depending on the applicable laws and the terms of the... Read more »
I am the petitioner and the mother. I filed 56 days ago and the respondent was ordered to respond within 21 days. He has not responded and has not made and mandatory disclosures but did attend the initial status conference where they ordered us to mediation. It was ordered to schedule mediation... Read more »
answered on May 16, 2023
I would suggest asking the mediator to file a certificate with the Court indicating that you attempted to schedule the mediation and paid your portion of the fees. If that does not occur, then I would file a status report with the Court stating everything you have done up to this point. Regarding... Read more »
I am divorced for over 14 years and just found out my wife married someone in Las Vegas in 1995 while we were still married. We were not separated and got divorced in 2008. I am still paying her spousal support and Osler Smith payments. Can I use this information to my benefit? We are going back to... Read more »
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answered on May 8, 2023
If your ex-wife committed bigamy by marrying someone else while still married to you, this information may be relevant in your divorce proceedings. It could potentially impact the division of property, spousal support, and other issues related to your divorce.
You may want to bring this... Read more »
Hello. I have a neighbor that I filed a restraining order against and was advised by a judge that a mediation agreement was needed. We agreed to mediation and now my neighbor is not abiding by it; but only alittle bit. He has put a toe over the line and Im afraid he is testing the water to see how... Read more »
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answered on May 7, 2023
I'm sorry to hear about your situation. In California, a restraining order, also known as a civil harassment order, can be requested if someone is being harassed, threatened, or stalked by another person. If you feel that your neighbor is violating the mediation agreement and is continuing to... Read more »
I have hired a lawyer who turned out to be colluded by the other party, a huge corporation, and he filed an arbitration demand without my approval, while I wanted to go to court. There are several grounds to challenge the arbitration agreement. Can I file in court meanwhile that the arbitration... Read more »
answered on May 1, 2023
Unlikely. It’s extremely difficult to overcome an aero traction agreement. If you are not satisfied with your current attorney, hire a new one. Then discuss your arbitration concerns with the new attorney to see if you have any other options. Also keep in mind that in consumer arbitrations, the... Read more »
I have hired a lawyer who turned out to be colluded by the other party, a huge corporation, and he filed an arbitration demand without my approval, while I wanted to go to court. There are several grounds to challenge the arbitration agreement. Can I file in court meanwhile that the arbitration... Read more »
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answered on May 1, 2023
Yes, in many cases, it is possible to file a lawsuit in court while an arbitration demand is pending. However, this will depend on the specific circumstances of your case and the laws in your jurisdiction. It is important to consult with an attorney to evaluate your options and determine the best... Read more »
entitled to expert witness fees and if so, how do I collect?
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answered on Apr 28, 2023
As a mediator employed in family court, if you were subpoenaed to testify as a custody evaluator, you may be entitled to expert witness fees under California law. California Code of Civil Procedure Section 2034.260 provides that expert witnesses are entitled to reasonable compensation for their... Read more »
What happens if your mediation deadline is April 18th, and mediation was held on April 8th, and the parties reached a settlement agreement, but the obligations of the agreement cant be fulfilled until after the mediation deadline?
Such as the mediator filing the mediation report a week... Read more »
answered on Apr 28, 2023
An Indiana attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, the situation you describe does arise. Mediators or arbitrators can set conditions in a report or decision that remain to be fulfilled afterwards. If the... Read more »
The process went through even though one lawyer represented probate. And also estate..the mediator seemed biased to the other party as this party was an 84 year old recently widowed after 30 yrs
answered on Apr 24, 2023
An Arizona attorney could advise best, but your question remains open for two weeks. You may want to repost this and add the categories of "Probate" and "Estate Planning." That appears to be the substantive area of law here.
As a general matter, arbitrations can be... Read more »
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answered on Apr 11, 2023
If you have been financially supported by your unofficial partner for 12+ years and he ends the relationship, you may have certain legal rights to financial support.
In California, the law recognizes "palimony" - which is similar to alimony in a divorce - for unmarried couples who... Read more »
They are now billing me $2000 for rent March 2 through March 10 when the apartment was vacant. Do I have to pay this?
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answered on Apr 9, 2023
If you vacated your apartment on March 2 and were not provided with written notice that your vacate date was March 4, you may have grounds to dispute the rent charge for March 2 through March 10.
It is recommended that you review your lease agreement to see if there are any provisions... Read more »
I won this default award from ccma.
I am worried that maybe i have to claim it and i am not aware but the commissioners said i should wait for the payout date.
answered on Apr 5, 2023
The law in New York is that a party must move to confirm an Arbitration Award within one year of its issuance. That is a statute of limitations. Don't ignore that date. Unless it is confirmed, no Judgment may be entered on an Award, which makes it unenforceable.
If you believe that the... Read more »
I have a agreement for a 2 year with a company I transport products and delivery to hes customers with hes regulations all goes good for one year and now he just cut my payment in half alleging the diferente can be hes company profits and I have to do the same work with half of the payment.... Read more »
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answered on Mar 25, 2023
A verbal work agreement is a verbal contract between two parties, in which they agree to certain terms of work without a written contract. In many cases, verbal work agreements can be legally binding, although they can be difficult to prove in court if there is a dispute.
In your situation,... Read more »
Important issues were left out during mediation.
answered on Mar 25, 2023
It is unlikely the Court will order the parties to attend mediation again or that the opposing party will agree to mediate again. If there are issues that were not addressed, you can attempt to resolve those with the other side and come to an agreement. But having an attorney would have... Read more »
I hired a medical negligence attorney for arbitration 2 years ago. its 2023 the mediation was for February /28/2023
I turnedC in all the documents medical bills ect. now the attorney is acting clueless. to the nest steps of the final judgement (quote) '' i don't know when... Read more »
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answered on Mar 16, 2023
I'm sorry to hear about your situation. It sounds like you have concerns about your attorney's handling of your case and the status of your settlement.
If you feel that your attorney is being dishonest or not communicating effectively with you, you may want to consider taking... Read more »
Can you please gave someone to call me 832.326.6476 I took out a loan for 1500 and now I'm paying 7000 back ridiculous. Any help you can give would be appreciated. It has to be illegal in Texas. How do I fight these people and not have my credit score or be legally sued. Can you assist me in... Read more »
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answered on Mar 16, 2023
You may also want to contact the National Association of Consumer Advocates, which is an organization of attorneys and consumer advocates who specialize in protecting the rights of consumers against unfair or abusive lending practices. Their website is https://www.consumeradvocates.org/
The fine was disputed at a virtual hearing a week ago, with compelling factual written appeal rebuttal provided in advance. There was a hearing officer (layperson) from a company in California that acts for smaller city ordinance collection efforts being disputed, as well as the CC ordinance ticket... Read more »
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answered on Mar 15, 2023
If the property owner wishes to appeal the decision made by the hearing officer and challenge the fine in court, they will need to file an appeal within the specified timeframe (which you mentioned as 10+ days) and pay the required filing fees. The exact process and cost of an appeal can vary... Read more »
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answered on Mar 5, 2023
To obtain the bank records of a deceased parent, you will typically need to follow a specific process that may vary depending on the laws and regulations in your jurisdiction. Here are some general steps you may need to take:
Obtain legal authority: In most cases, you will need to obtain... Read more »
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