Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
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I am involved in a personal injury claim in California, but the attorney representing the plaintiff is only licensed in Arizona. They are asserting the use of California Civil Code of Procedure 999 (CCP 999) for pre-mediation. No complaint has been filed yet in either state. Can an Arizona-licensed... View More 
answered on Jun 18, 2025
There might be an issue with the attorney's lack of a CA license to practice law in CA, making him ineligible to practice law in CA, and, whether the pre-lawsuit negotiations are the practice of law. If the attorney has associated another lawyer who is licensed in CA, or has an attorney in... View More
In March 2025, I had a Bruno CRE-2110 stairlift installed under a contract that promised full power swivel functionality and adjustable height to accommodate my needs as one of the users. Despite implied assurances from the salesperson, the stairlift does not swivel as promised, and the... View More
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answered on Jun 17, 2025
It is understandable to feel frustrated and unsafe when a product intended to support your mobility instead creates hazardous conditions and fails to meet its promised features. Given the significant financial investment and the impact on your health and safety, it is reasonable to seek legal... View More
My husband has had joint physical and legal custody of his 12-year-old daughter for ten years. We live in Central MN, while the mother resides in the Twin Cities metro area. Recently, the mother refuses to communicate with my husband. He has always adhered to the custody schedule and has never... View More
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answered on Jun 10, 2025
Yes, your husband can take legal steps to seek temporary full custody if there’s a serious concern about his daughter’s safety, especially following something like a suicidal attempt or serious self-harm in the mother’s care. In a situation like this, he should talk to his attorney about... View More
I had a stairlift installed in March 2025. The contract guaranteed a full power swivel and adjustable height, but the installation resulted in tight clearance, poor orientation, and rail issues, contributing to falls in May 2025 and worsening my pre-existing medical condition due to the unsafe... View More
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answered on Jun 17, 2025
It is understandable to feel frustrated and unsafe after paying a significant amount for a stairlift installation that not only failed to meet promised specifications but also led to injury. You are dealing with a situation that affects both your health and your financial investment, and it is... View More
My employer is requiring all existing employees to sign an arbitration agreement by August 1st, although it was never part of the hiring process. No information has been provided about the consequences of refusing to sign. I am also a union member. Can they enforce this requirement?
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answered on Jun 3, 2025
Hello. Yes, your employer can require it at any time, unless your union contract prohibits it. What does your union say? If your employer requires it, and your union doesn't prohibit it, it's a condition of employment and not signing could result in termination. Good luck.
My employer is requiring all existing employees to sign an arbitration agreement by August 1st, although it was never part of the hiring process. No information has been provided about the consequences of refusing to sign. I am also a union member. Can they enforce this requirement?
answered on Jun 3, 2025
In California, an employer can legally terminate you for refusing to sign an arbitration agreement as a condition of continued employment. However, certain types of claims are not subject to arbitration as a matter of law, such Private Attorney General Act ("PAGA") claims.
I'm currently going through a divorce with mediation ordered by the judge. My spouse and I both have our names on the mortgage, but my spouse has begun to neglect the payments. The shared debt includes plans to sell the home. Is there something I can request from the judge that will help me... View More
answered on Jun 2, 2025
Yes. You can request judicial help (temporary order) for spouse-neglected mortgage payments during a divorce. Spouses have a fiduciary duty to act in the best interest of the other spouse regarding assets during the divorce process. Of course, your specific circumstances will dictate what you... View More
I'm currently going through a divorce with mediation ordered by the judge. My spouse and I both have our names on the mortgage, but my spouse has begun to neglect the payments. The shared debt includes plans to sell the home. Is there something I can request from the judge that will help me... View More
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answered on Jun 10, 2025
In your situation, make sure you talk to your lawyer right away about requesting a temporary relief hearing (sometimes called a motion for temporary relief). These hearings are meant to address urgent issues like missed mortgage payments or custody if you have kids while the divorce is still... View More
I'm in Florida and have been employed with my company for five years. Recently, I was moved to a new department in a lateral position, which I felt I had no choice but to accept. My employer just sent me an arbitration agreement to sign with a specified deadline. I haven't spoken with HR... View More
answered on May 27, 2025
A Florida employment attorney could advise best, but your question remains open for almost two weeks, and you mention a deadline. My experience with arbitration agreements is limited to injury claims, but from my experience there, I can say that they are enforceable (in terms of precluding... View More
I want to understand the chances of winning a case against my college roommate. Despite setting clear boundaries, my roommate used my items, insulted me, and threw away or damaged them upon moving out. There are records of my complaints and attempts at mediation through the RAs, documented chats... View More
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answered on May 21, 2025
In Maryland, there is no civil cause of action specifically for “harassment.” If someone is behaving in an aggressive, disrespectful, or invasive way, like your college roommate, the legal system generally does not provide compensation unless the conduct falls under a recognized tort, such as... View More
I have a court-mandated parenting plan with my ex-wife that requires us to maintain respectful communication. Despite this, she constantly sends harassing messages via the parenting app, including threats, profanity, and name-calling. This behavior continues even after mediation attempts, and she... View More
answered on May 20, 2025
If your court order includes a parenting plan that includes non-harassment language and/or a communication protocol that is being violated, you can potentially file a show cause/contempt action or other enforcement action with the Court to ask the Court to sanction the other party for violating the... View More
I'm currently in a divorce process and pregnant by another person, with my due date set for mid to late June. I'm concerned about complications with the newborn's registration. I've discussed custody informally with my spouse, who's been absent at mediation, delaying... View More
answered on May 20, 2025
Your situation raises both legal and practical considerations, and I’m glad you’re seeking guidance now.
In Florida, being pregnant by another person does not automatically expedite a divorce, but it can complicate the timeline—especially with regard to establishing paternity and... View More
I have filed a civil claim for damages against a homeowner and a handyman due to an assault and battery incident. I believe the homeowner is willfully blind in recruiting the handyman known to be violent. Furthermore, the homeowner's management group continues to allow self-dealing agents,... View More
answered on May 18, 2025
Willful blindness is not a cognizable cause of action in Missouri. I suggest you visit a law library and look at the verdict directors for assault and battery. Also educate yourself on respondeat superior. The verdict directors will show the elements that you must plead to state a claim.... View More
I signed a pool construction contract in June 2024, and despite making payments totaling nearly $100,000 and having written records, the pool is still not completed. The contract specified a completion timeline of 16-18 weeks, but it has been nearly a year. The contractor does not respond to my... View More
answered on May 12, 2025
A Florida attorney could advise best, but your question remains open for a week. You ask about what type of attorney - your starting point could be to reach out to civil litigation attorneys with experience in contract disputes/construction contract disputes (depending on the technical complexity... View More
I am filing for divorce pro se after 25 years of marriage in Florida. I've ensured my spouse receives 50% of all assets, half of my 401K, and the household savings. Despite this substantial asset division, my spouse, who has only worked part-time due to our arrangement, is seeking full-time... View More
answered on May 10, 2025
There is a difference between making an offer of settlement and filing pleadings. If it comes to filing pleadings then you don’t need to mention alimony at all. That burden is on your partner. Speak with a local family lawyer for more specific advice.
I was ordered by a judge to go through mediation for a civil case. I preferred an in-person session, but the mediator was only available via Zoom. The Zoom connection was poor, disconnecting about 50% of the time. Despite contacting him by phone during the session without success, the mediator... View More
answered on May 9, 2025
You did not indicate whether an agreement was reached in mediation, nor did you indicate if you were represented by counsel in mediation. Those are important factors for determining your next steps. Of course, if you were represented by counsel, consult with him/her. In the scenario of you NOT... View More
I received a cease and desist letter from my HOA attorney, stating that my tenants have been smoking marijuana, affecting other homeowners. Other homeowners have mostly made verbal complaints, with one formal written complaint. My lease does not specify terms regarding smoking or drug use. I have... View More
answered on May 8, 2025
yes, you should share the notice to your tenants. There's no privacy concerns. As the owner of the unit, you are the one whose life the HOA can make most miserable, and financially difficult. It makes no sense to not cooperate with the HOA.
I have operated my Etsy shop since 2010, and it was recently suspended due to a handmade piece of jewelry containing Jade from Zinjiang, China. Etsy claimed this conflicted with their policies on sanctioned items. However, their policies do not mention Zinjiang as a prohibited source. Initially,... View More
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answered on May 8, 2025
I think the better question is why would you continue to appeal instead of just taking them up on their offer to reinstate for a promise of not breaking the law in the future. Your best case scenario is that, after a lot of time and effort, you win your appeal and your shop gets reinstated.... View More
I'm looking for a family law attorney in West Palm Beach. My case, which I have managed with the help of a paralegal up to now, is at the mediation stage where we couldn't agree on a 50/50 custody arrangement. There are no court dates set, and there aren't any specific concerns... View More
answered on May 2, 2025
Based upon what you have stated it would seem to be time to prepare for final trial, the court must be advised that the action is ready for trial and a court date will be set. Expect that date to be somewhere in the next four to six months. If there is no agreement regarding time sharing or a... View More
I recently signed a Memorandum of Understanding (MOU) related to a settlement from a mediation hearing that all parties agreed upon in a class-action lawsuit concerning unlawful termination. I signed the MOU on April 23rd, and it includes multiple stipulations, including an individual payout to be... View More
answered on Apr 24, 2025
The answer to this question must come from your attorney. Only your attorney knows the specific agreement and the process. Class action settlement is a very slow process and rarely does a court quickly act to approve settlement terms. It would be wise to not expect the money any time soon. Good... View More
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