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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Arbitration / Mediation Law for Louisiana on
Q: I live in Louisiana, and need to file a petition to annul a judgement based on improper service.

I know I could have beaten them in court had I known. Can I file the motion myself, and is there a form online that I can use as a guide or a fillable PDF form I can download?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 12, 2025

To an extent, all depends on the amount in controversy (or the amount of the judgment), however, something so important as this one should really have an attorney handle this. In addition to the substance (the petition to annul), there's also the procedure and time deadlines out there in... View More

2 Answers | Asked in Arbitration / Mediation Law for California on
Q: as the plaintiff can I dismiss my case if I am on a contingency basis mediation stage?
Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2025

You can (in California) but there are risks in doing so including being liable for the other sides costs and fees and not being able to re-initiate the case. If you want to end the case completely, it may be best to negotiate a settlement where there is zero recovered and each party pays their own... View More

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1 Answer | Asked in Arbitration / Mediation Law and Nursing Home Abuse for North Carolina on
Q: I signed an arbitration agreement when my mother went into a nursing home.

She died from their neglect. I requested her records and they gave me a denial letter saying I wasn't authorized to get them (i know i am). But it got me thinking about the arbitration agreement. If they say I am not authorized for records, .wouldn't that also mean i wasn't... View More

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2025

A North Carolina attorney could advise best, but your question remains open for three weeks. I'm very sorry about the loss of your mother. No worries or apologies necessary if your question is a repeat. That happens sometimes on the forum.

To answer definitely, a North Carolina...
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1 Answer | Asked in Animal / Dog Law, Arbitration / Mediation Law and Civil Litigation for Maryland on
Q: I am being sued because my dog bit someone else's after getting out and need to know my options

I had a cousin staying with me temporarily while getting back on his feet after moving back to our home state he was very informed about the fact they my dog is reactive and has dog on dog aggression I keep signs posted I keep two out of three of my property gates permanently sealed to have the... View More

Scott Scherr
Scott Scherr
answered on Feb 7, 2025

If you have homeowner's insurance, you should report the claim to your carrier and they should cover the claim. They would hire an attorney to defend you and pay any judgment that is rendered.

If not, your cousin may jointly and severally liable and you could sue him for...
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1 Answer | Asked in Contracts, Personal Injury, Arbitration / Mediation Law and Domestic Violence for Texas on
Q: My ex illegally evicted me, I was homeless for 4 months. Can I recover $6000 it cost me + pain, suffering in small claim

He was psychologically abusing me for months, when I finally confronted him about him intentionally changing our moving plans at the last possible moment, and postponing the move for ridiculous reasons, He left me in the desert 40 miles from anything. I had to hitchhike for hours and found him at a... View More

John Michael Frick
John Michael Frick
answered on Jan 15, 2025

Yes, Texas recognizes a lawsuit for wrongful eviction. Because the damages are $20,000 or less, you should file this case as a small claim in the justice of the peace court where the premises are located. In JP court, you do not need an attorney. The cost of an attorney would ordinarily be more... View More

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Alabama on
Q: Is it possible for me to obtain ownership of land that has been enclosed within my fence for around 80 years?

My family homestead the property that we live on in February of 1924. Our pond was dug when my grandmother was a young teenager and she is now 83. According to property lines, from about the last third of our pond back to where our fence is located, is technically not part of our land. However the... View More

Anthony M. Avery
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answered on Jan 10, 2025

Hire an AL attorney to search both adjoining properties' titles. Acquiescence to the ascertainable boundary line (fence and corners) should convey title to you. It is a little different than adverse possession. You will have to file a boundary dispute unless you can get and record a... View More

2 Answers | Asked in Arbitration / Mediation Law for Texas on
Q: Before my arbitration was final my attorney sued me on behalf of a codefendant. Is this grounds for a mistrial?
John Michael Frick
John Michael Frick
answered on Dec 24, 2024

Generally speaking, there is not a “mistrial” in arbitration proceedings.

But arbitrators have broad discretion within the rules of the selected tribunal to reopen proceedings and to hear new evidence.

You should hire a new attorney to represent you in the arbitration to...
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1 Answer | Asked in Contracts, Family Law, Arbitration / Mediation Law and Child Custody for Nevada on
Q: Can the plaintiff ask for their case to be cleared or thrown out due to many inefficiencies and errors in Affidavit?

Meaning since the initial preliminary hearing petitions, depositions, and legally submitted documents that the court clerk allowed. Had the plaintiffs name incorrectly spelled for more then for almost 2 years. Also, the children in question that were twins, there birthdays were constantly... View More

Philip Spradling
Philip Spradling
answered on Dec 19, 2024

In theory, yes, you can file a motion to dismiss, perhaps for failure to state a claim or lack of jurisdiction over the parties due to errors in their names. You could also try a motion for summary judgment, showing that the pleadings are factually wrong.

But faced with the sort of...
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2 Answers | Asked in Arbitration / Mediation Law and Divorce for Arizona on
Q: Is it possible to petition for a divorce in AZ then work with a mediator to divide property?

I would like to file the petition ASAP then work with a mediator to divide property after the petition has been filed. I want it to be on record with the court that I filed. The reason is, I do not want to be held liable for any poor financial decisions my spouse makes, or any poor decisions in... View More

Rich J. Peters
Rich J. Peters
answered on Dec 10, 2024

Of course. Mediating a divorce matter can result in significant benefits over traditional litigation

- can be less costly.

- can me quicker.

- allows both parties control over he outcome.

- allows a better opportunity to preserve the relationship.

- less...
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2 Answers | Asked in Arbitration / Mediation Law and Divorce for Arizona on
Q: Is it possible to petition for a divorce in AZ then work with a mediator to divide property?

I would like to file the petition ASAP then work with a mediator to divide property after the petition has been filed. I want it to be on record with the court that I filed. The reason is, I do not want to be held liable for any poor financial decisions my spouse makes, or any poor decisions in... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

Yes, it is possible to do that. A couple things to know:

1. You file and serve your ex with the divorce paperwork. Once you serve your ex, the "marital community" severs (provided you do actually get divorced) on that date, and that mean your joint liability for your spouse's...
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2 Answers | Asked in Arbitration / Mediation Law, Employment Discrimination and Employment Law for Texas on
Q: Can an associate in a law firm give a lawyer in another firm a copy your arbitration deposition transcript 3 years pos

Deposition transcript was never used in arbitration ,case settled during discovery, transcript was shared 3 years later to another lawyer in another arbitration proceeding I was involved in ....it was actually stolen by the associate

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

If the associate was an attorney in the law firm that represented you in the arbitration proceeding, he should not share your deposition transcript without your permission.

If the associate was an attorney in a law firm representing another party in that arbitration proceeding, he can...
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1 Answer | Asked in Arbitration / Mediation Law, Contracts and Civil Litigation for Kentucky on
Q: Can I overturn a mediation agreement if there unclear deadlines, changes in terms and duress when signing

I signed a settlement agreement for a civil case partly to attorney's advice, of high trial costs, limited 60-day prep window and legal fees aren't awarded even won? I wasn’t told mediation document was a memorandum or the plaintiff didn't have a deadline to fulfill terms like... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2024

you can certainly file a motion to be relieved from the mediation agreement, but since you were represented by counsel and signed the agreement voluntarily, you have an uphill battle on your hands. You should sit down with your lawyer and go over the terms and make sure you understand them before... View More

Q: I need help with an arbitration hearing i have no clue on what is needed nor required nor steps of processes or laws

missclassification, breach of contract, fraud, unpaid wages this is for Dallas, Texas

John Michael Frick
John Michael Frick
answered on Nov 5, 2024

An arbitration proceeding is very much like a trial. If you have no clue on what is needed, it is extremely important that you hire a competent attorney with experience in arbitration proceedings to represent you to present your evidence, witnesses, and arguments in a persuasive manner and in... View More

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Q: I need help with an arbitration hearing i have no clue on what is needed nor required nor steps of processes or laws

missclassification, breach of contract, fraud, unpaid wages this is for Dallas, Texas

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

For arbitrations hosted by large entities such as the American Arbitration Association, your matter is probably assigned an Arbitrator and a Case Administrator. The Case Administrator may be able to provide you with guidance regarding location of hearing, scheduling/adjournments, format for... View More

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1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for Rhode Island on
Q: I want to file for divorce in state of RI. What are my first steps. Doesn’t look like it will be an amicable divorce.

He is a narcissist

Albin Moser
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answered on Oct 30, 2024

There is a Guide and File portal on the Family Court section of the Rhode Island Judiciary's website. If you are trying to represent yourself then you can try to commence a case using the Guide and File and follow its instructions. Hiring a lawyer would be a good idea though.

3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: I was wrongfully terminated by GrubHub. Do I need to do arbitration (agreement clause) or sue?

I filed a case against GrubHub with LA County DCBA regarding embezzlement/breach of contract and Prop 22 violations. The reason for termination was based on these agreement and Prop 22 violating offers, using a created "GrubHub Violation" that focused on these offers and then compiled... View More

Neil Pedersen
Neil Pedersen
answered on Oct 20, 2024

The answer to your question depends on the terms of your contract with the company. You are not an employee and the employment laws of this state will not protect you. If your contract requires you to arbitrate disputes with the employer, the only way you will be able to avoid that arbitration... View More

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3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: I was wrongfully terminated by GrubHub. Do I need to do arbitration (agreement clause) or sue?

I filed a case against GrubHub with LA County DCBA regarding embezzlement/breach of contract and Prop 22 violations. The reason for termination was based on these agreement and Prop 22 violating offers, using a created "GrubHub Violation" that focused on these offers and then compiled... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 20, 2024

Where there are arbitration clauses in employment agreements, they may or may not be enforceable.

There are reasons why an employee might want arbitration, but generally, arbitration is less beneficial to the employee.

Your best option is to consult with wrongful termination or...
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1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Child Support for Georgia on
Q: Questions about an arbitrator's authority and abilities in Ga.

My ex and I are in a disagreement about the wording of parts of our parenting plan, and it is currently causing some financial burden for me and our daughter with bills that would normally be split between us and my ex not paying their portion (there have been no issues for the last 18 months with... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

You don't want to hire lawyers but you posted a question to ask lawyers what they think? You all can go through any arbitration you want. But whatever comes out of that neither party has to abide by. So I'm not sure what would be the point. Not to mention an arbitrator can only... View More

2 Answers | Asked in Trademark, Arbitration / Mediation Law, Business Law and Intellectual Property for Hawaii on
Q: An ex-board member is using my trademark event name without my permission. Do I have standing to issue cease and desist

My family started a public event more than 40 years ago and I took over more than 10 years ago holding this event. I just started the process to trademark the event name. An ex-board member is using the event name and trying to hold the same event without my permission. Do I have standing to send a... View More

Sarah Teresa Haddad
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answered on Oct 14, 2024

If the ex-board member learned of the trademark while being a board member, (and the source of the trademark is the family board) and then the ex-board member started to use the mark unilaterally after leaving the board, then you may have grounds to issue a Cease-and-Desist letter. This may be due... View More

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1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Civil Litigation on
Q: A customer took advantage of me by falsely claiming that the merchandise was unusable yet she used it for seven months.

We delivered three machines to a clinic. There was a minor shipping accident that our warranty service would cover with no cost to the customer. The customer asked for a 50% off. Once I refused, she initiated a credit card dispute because the machines were "broken, unusable and taking... View More

Tim Akpinar
Tim Akpinar
answered on Sep 15, 2024

You could consult with an attorney to review the agreement and the details of the transaction. It sounds like the "good faith" issue you mention could be raised as an issue in court. Depending on your state/jurisdiction (which isn't mentioned in the post) and the caps on your... View More

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