Arbitration / Mediation Law Questions & Answers by State

Arbitration / Mediation Law Questions & Answers

Q: Does the MLA (military lending act) cover me in this situation?

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Broker Fraud for Oklahoma on
Answered on Sep 16, 2017

There is a federal Military Lending Act, but I am not aware of a state law passed in Oklahoma. The federal law does offer protections but you don't say in what way you think the MLA was violated. Please provide more information and I will evaluate. Thank you.

PS Don't let the time to answer the suit run, the predator will be able to get a judgment by default against you and you will lose your rights forever to defend yourself.

David
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Q: What are my options

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for New York on
Answered on Sep 8, 2017

The statute of limitations will deal with most of your claims. If there are bills from the last six years you can sue. You can sue to have the house sold and proceeds divided. Nothing you can do about deed issue from 20 years ago.
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Q: is there any way to get around a next of kin authorization of cremation?

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Elder Law for Louisiana on
Answered on Aug 28, 2017

A directive/authorization for cremation can be made by a Testator to an individual, other than a family member, in a valid Louisiana Will. Typically, that is the only way to get around the family requirement. You mention that you previously had POA for the Decedent, but not sure of the scope of the Will. If this authorization was not provided in a valid Will format, then LA law provides a ranking of classes of family that can provide the authorization - surviving spouse, then a majority of...
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Q: Is this broker being a bully ?

2 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Legal Malpractice for Florida on
Answered on Aug 18, 2017

Sounds like brokerage Two does not have a case, based upon your fact scenario.

I suggest that you should consult with a real estate attorney in your area to review the listing contract and any other documents that you have to be certain that nothing exist that could make you liable.

Good luck.
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Q: HOA director has retracted of email agreement of repair.HOA lawyer has steped in and claimed HOA overpromised Do I SUE?

1 Answer | Asked in Consumer Law, Real Estate Law and Arbitration / Mediation Law for California on
Answered on Aug 17, 2017

It's key to have a lawyer review the related HOA contract and communications. 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: What happens when two parties can't decide on a mediator? How can be we sure to appoint someone fair?

2 Answers | Asked in Arbitration / Mediation Law for New York on
Answered on Aug 16, 2017

You can ask a mediation provider to appoint a mediator for you.
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Q: Can you sue a car company? I wasn't hurt or anything but the fact is I feel I was ripped off and deceived, and lied too!

1 Answer | Asked in Products Liability, Arbitration / Mediation Law and Consumer Law for Illinois on
Answered on Aug 13, 2017

Not much of a case, and no lawyer would touch it, unless it was a class action.

Your option, small claims court. Or, call your state consumer rights division, to report the deceptive practice. The company will claim it was just an oversight.

If it makes you feel better, find their company ratings page, and write a TRUTHFUL, negative review.
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Q: who can help me now that I disputed medical bill balance & they negotiated the check with pmt in full written on it?

1 Answer | Asked in Arbitration / Mediation Law, Products Liability and Collections for Arizona on
Answered on Aug 13, 2017

Your best bet, on such an insignificant claim, is to either sue in small claims court, or turn over the matter to your State consumer protection agency. Double billing can also be a crime, in certain circumstances.
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Q: I want to write a written motion, about having my child while My Divorce is ongoing. I don't know how to start it.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for Georgia on
Answered on Jul 27, 2017

Motions can be complex and are fact sensitive. You should seriously consider consulting with an attorney if custody and visitation are at issue in your divorce case. There are not going to be any form documents for you to use. You will need to outline why the child should be with you and why that is in the child's best interest. You will also need to be prepared for a hearing to combat your wife's allegations through your presentation of evidence. Custody battles are complicated, and should...
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Q: If two people are getting a divorce and the husband has had an affair but the spouse has know it the entire time and now

2 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California on
Answered on Jul 24, 2017

California is a no-fault state which makes infidelity irrelevant. If the unfaithful spouse's conduct however, poses a threat to the health, safety, or welfare of the children, it may be relevant to the issue of custody.
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Q: Is there any way to appeal the results of an arbitration?

1 Answer | Asked in Arbitration / Mediation Law for California on
Answered on Jul 20, 2017

Unless your arbitration is a court arbitration, where you are allowed to demand a trial "de novo", the grounds to have an arbitration award overturned are extremely limited. You would have to go over the award and facts with a litigation attorney.
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Q: What takes place after an arbitration, and how long will it take to receive an award?

1 Answer | Asked in Arbitration / Mediation Law, Personal Injury and Small Claims for New York on
Answered on Jul 18, 2017

The arbitrator's rules should have been provided to you. 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
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Q: Is it possible to appeal the outcome of an arbitration?

1 Answer | Asked in Arbitration / Mediation Law for California on
Answered on Jul 14, 2017

Was it binding arbitration? There might be a basis for appeal, but it depends on the reasons. 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Would a contract requiring arbitration in the following specific way be enforceable? Have you heard of such a practice?

1 Answer | Asked in Arbitration / Mediation Law for New York on
Answered on Jul 8, 2017

That may be considered unconscionable language. 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: I am divorcing my husband of 37 years, he's been given the opportunity answer discovery questions

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Michigan on
Answered on Jul 6, 2017

Since you said your husband has given false answers to discovery questions, I'd suggest you contact your attorney and ask her/him the consequences.
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Q: I went to mediation with the mother of my children came to an agreement but never signed.can I break the agreement?

2 Answers | Asked in Arbitration / Mediation Law, Child Custody and Family Law for California on
Answered on Jun 22, 2017

There is no agreement. If you didn't sign it, it's not an agreement, thus nothing to break.
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Q: What does conciliation mean in the context of arbitration?

1 Answer | Asked in Arbitration / Mediation Law for New York on
Answered on Jun 21, 2017

More context is needed. 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, www.AEesq.com. 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: 3 Year Case Without Mediation. Confused, please help?

1 Answer | Asked in Arbitration / Mediation Law, Employment Law and Workers' Compensation for Florida on
Answered on Jun 21, 2017

The insurance company has no obligation to settle.

If you cannot get it done or push them you can obtain new counsel who may have fresh ideas and strategies to get them to the table.
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Q: Inherented prop, paid off, 3 owners. Dispute over priv. Sale, open mkt and price for sale. Can 1/3 refuse entire sale?

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for California on
Answered on Jun 16, 2017

Yes, the one third owner can refuse to sell their share. The other two can sell their shares. Since most buyers are not interested in such transactions, you may want to file an action for partition.
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Q: I was injured 2/2013. Adjuster appvd meds, tests and 1 surgical treatment that didn't work. I need help!

1 Answer | Asked in Workers' Compensation and Arbitration / Mediation Law for Texas on
Answered on Jun 13, 2017

Surely, there is no time limit on getting MMI/IR so you can call the Division of WC and ask to have a DD appointed to perform the certifying exam to get that assigned. Good luck to you.
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