Arbitration / Mediation Law Questions & Answers by State
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Arbitration / Mediation Law Questions & Answers
Q: Is there a provision of challenge to decision of a sole arbitrator appointed by high court in India
Timur Akpinar's answer
Without seeing the conditions of the high court, it is difficult to say. There could possibly be issues here that require the guidance of an attorney familiar the law in India as it pertains to the court-appointed arbitrator.
Tim Akpinar
Without seeing the conditions of the high court, it is difficult to say. There could possibly be issues here that require the guidance of an attorney familiar the law in India as it pertains to the court-appointed arbitrator.
Tim Akpinar
Q: Are all mediators/arbitrators attorneys?
Timur Akpinar's answer
I do not practice in Texas, but your question has remained unanswered for four weeks. I can’t speak specifically for Texas, but in general, many arbitrators and mediators tend to be attorneys. However, there are also non-attorney mediators and arbitrators who preside over disputes. It can depend on the region, certification requirements, and the rules of the entity administrating the arbitration. Non-attorney alternate dispute resolution professionals generally have specialized expertise in a...
I do not practice in Texas, but your question has remained unanswered for four weeks. I can’t speak specifically for Texas, but in general, many arbitrators and mediators tend to be attorneys. However, there are also non-attorney mediators and arbitrators who preside over disputes. It can depend on the region, certification requirements, and the rules of the entity administrating the arbitration. Non-attorney alternate dispute resolution professionals generally have specialized expertise in a...
Q: Wife already signed TX warranty deed gave up home 5-15-18 it's notarized never filled shes dragging divorce. Can I file
1 Answer
| Asked
in
Divorce, Family Law, Real Estate Law and Arbitration / Mediation Law
for
New York
on
Answered on Oct 9, 2018
Answered on Oct 9, 2018
Michael David Siegel's answer
A TX deed is governed by TX law. Only a Texas lawyer could opine if it was ready to file.
A TX deed is governed by TX law. Only a Texas lawyer could opine if it was ready to file.
Q: As a guest of a hotel does a person have any legal rights to stay if the hotel wants to kick them out
Thomas A. Grossman's answer
My best guess is that the hotel has the right to ask you to leave, if -- in their opinion -- you are disruptive and/or an annoyance to other hotel guests. If they do ask you to leave, they must return to you any unused rental payments you have made for your stay.
My best guess is that the hotel has the right to ask you to leave, if -- in their opinion -- you are disruptive and/or an annoyance to other hotel guests. If they do ask you to leave, they must return to you any unused rental payments you have made for your stay.
Q: In a divorce after 20 years of marriage the assets in a IRA account will become part of the settlement.
Rand Scott Lieber's answer
Yes, any assets accrued in the IRA during the marriage are marital and subject to division.
Yes, any assets accrued in the IRA during the marriage are marital and subject to division.
Q: What can you do if you're positive that your divorce mediator is biased?
Salim U. Shaikh's answer
Mediation is not the last word, there are other ways e.g. change of biased mediator, challenge of mediation report provided tainted with biased or subjective report, etc.
Mediation is not the last word, there are other ways e.g. change of biased mediator, challenge of mediation report provided tainted with biased or subjective report, etc.
Q: Is there a time limit on mediations in California, or can they go on forever if the parties disagree on everything?
N. Munro Merrick's answer
If this is a private mediation, outside the court system, the mediator should declare the mediation unsuccessful and give you a report to that effect. If there is a contract, it should specify the next step, usually arbitration. If no contract, you could file a suit in court.
If this is a private mediation, outside the court system, the mediator should declare the mediation unsuccessful and give you a report to that effect. If there is a contract, it should specify the next step, usually arbitration. If no contract, you could file a suit in court.
Q: What is the best method to file for uncontested divorce? Do you still take to a lawyer after a mediator?
J. Richard Kulerski Esq.'s answer
Mediators assist people who have difficulty reaching an agreement. The two of you have already agreed on everything, so you don't need a mediator. All you need is for a lawyer to shepherd your settlement through the legal system.
Mediators assist people who have difficulty reaching an agreement. The two of you have already agreed on everything, so you don't need a mediator. All you need is for a lawyer to shepherd your settlement through the legal system.
Q: is there a provision of challenge to judgment passes by a sole arbitrator appointed by high court ?
Timur Akpinar's answer
It’s difficult to say without seeing the rules/guidelines of the arbitration and terms/conditions, if any, imposed by the high court. Arbitrations generally provide rules/guidelines that govern how they are to be conducted. In general, these could possibly include grounds for appeal.
Tim Akpinar
It’s difficult to say without seeing the rules/guidelines of the arbitration and terms/conditions, if any, imposed by the high court. Arbitrations generally provide rules/guidelines that govern how they are to be conducted. In general, these could possibly include grounds for appeal.
Tim Akpinar
Q: How much does it usually cost to use a mediator? (In this case, it would be for a divorce - no kids.)
Thomas A. Grossman's answer
The cost of mediation is determined by many factors. First of all, if you are going to use an attorney to represent you, that will cost money. Also, the mediator's fees vary (usually from about $200 to $300 per hour). Rates vary widely to high priced mediators and less expensive mediators. The good news is that the parties split the costs of the mediation (not including attorney's fees if you have an attorney representing you). Don't judge a mediator by his fees. Some of the best...
The cost of mediation is determined by many factors. First of all, if you are going to use an attorney to represent you, that will cost money. Also, the mediator's fees vary (usually from about $200 to $300 per hour). Rates vary widely to high priced mediators and less expensive mediators. The good news is that the parties split the costs of the mediation (not including attorney's fees if you have an attorney representing you). Don't judge a mediator by his fees. Some of the best...
Q: Laws and facts 4 cash bond 2 surety bonds.Change venue conflict of intrest Chief PA now was pd she is trying bury my
2 Answers
| Asked
in
Criminal Law and Arbitration / Mediation Law
for
Illinois
on
Answered on Sep 20, 2018
Answered on Sep 20, 2018
Q: If a parolee absconded from Colorado to Arizona for family emergency, warrant is issued parolee is pulled over
1 Answer
| Asked
in
Arbitration / Mediation Law, Civil Litigation, Family Law and Criminal Law
for
Arizona
on
Answered on Sep 19, 2018
Answered on Sep 19, 2018
Josephine Pesaresi Hallam's answer
If I followed your question correctly, you’re wanting to know the possible punishments for class six felony in Arizona. A class six felony is the lowest level felony, but if your friend has priors it would be a higher punishment.
And if the phone he was committed while on parole release, it would increase the punishment significantly.
Many of the attorneys here on justia, offer free initial consultations, he should contact one to get a rundown of what his exposure is...
If I followed your question correctly, you’re wanting to know the possible punishments for class six felony in Arizona. A class six felony is the lowest level felony, but if your friend has priors it would be a higher punishment.
And if the phone he was committed while on parole release, it would increase the punishment significantly.
Many of the attorneys here on justia, offer free initial consultations, he should contact one to get a rundown of what his exposure is...
Q: Is Uber allowed to pay my airport citations and then charge me four months later with no right to contest?
1 Answer
| Asked
in
Contracts, Traffic Tickets, Arbitration / Mediation Law and Civil Rights
for
California
on
Answered on Sep 16, 2018
Answered on Sep 16, 2018
Q: How do you stop a mediation if you feel like the mediator is not being neutral?
Timur Akpinar's answer
I do not practice in Hawaii but I noticed no one picked up your question in three weeks, and at this point, the issue could be moot. If the matter is still pending, it would be advisable for you to consult with an attorney in your area with experience in mediations. The type of mediation is not mentioned here, but mediations and arbitrations in general should have guidelines and rules that govern how they are to be conducted.
I do not practice in Hawaii but I noticed no one picked up your question in three weeks, and at this point, the issue could be moot. If the matter is still pending, it would be advisable for you to consult with an attorney in your area with experience in mediations. The type of mediation is not mentioned here, but mediations and arbitrations in general should have guidelines and rules that govern how they are to be conducted.
Q: What kind of attorney do I need?
1 Answer
| Asked
in
Estate Planning, Arbitration / Mediation Law, Civil Litigation and Probate
for
Texas
on
Answered on Sep 14, 2018
Answered on Sep 14, 2018
Terry Lynn Garrett's answer
For civil court you need a trial attorney. For probate court you need a type of trial attorney called a fiduciary litigator. Contact your local bar association or lawyer referral service.
For civil court you need a trial attorney. For probate court you need a type of trial attorney called a fiduciary litigator. Contact your local bar association or lawyer referral service.
Q: Contracted with Lowe's for roof install. Contractor didn't have certification for install or warranty. Damage occured.
1 Answer
| Asked
in
Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation
for
Michigan
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Trent Harris' answer
It sounds like you have a possible breach of contract case. Your contract with Lowe's probably includes provisions about what to do in the event of a dispute. You will need to follow the contract, including any procedures for alternate dispute resolution. Because Lowe's is a big company and does a lot of business, their contract is probably pretty tight and covers most, if not all, the bases to protect Lowe's and its contractor. My advice would be to seek out an attorney to go over the contract...
It sounds like you have a possible breach of contract case. Your contract with Lowe's probably includes provisions about what to do in the event of a dispute. You will need to follow the contract, including any procedures for alternate dispute resolution. Because Lowe's is a big company and does a lot of business, their contract is probably pretty tight and covers most, if not all, the bases to protect Lowe's and its contractor. My advice would be to seek out an attorney to go over the contract...
Q: Arbitration clause
1 Answer
| Asked
in
Employment Law and Arbitration / Mediation Law
for
Illinois
on
Answered on Sep 11, 2018
Answered on Sep 11, 2018
Ethan White's answer
Difficult to say without seeing the language of the clause. And courts have handled this differently, but you could file suit in Circuit Court if the company is waiving an arbitration clause.
Difficult to say without seeing the language of the clause. And courts have handled this differently, but you could file suit in Circuit Court if the company is waiving an arbitration clause.
Q: Two Liberals In A Squad Car Arrest 11370 1 a Counsel ? Lakewood Ca Mich Wane 562 450 3969
2 Answers
| Asked
in
Criminal Law, Arbitration / Mediation Law, Civil Rights and Federal Crimes
for
California
on
Answered on Sep 6, 2018
Answered on Sep 6, 2018
Q: X,Y entered into a contract to make building.X unhappy the quality of building.give advise to Y through the arbitration.
Timur Akpinar's answer
In terms of giving advice here, one couldn’t give any meaningful advice based on the facts at hand. What is known is that two parties entered into a contract for the construction of a building. While one party is unhappy, as described by the facts, an arbitration hearing will likely delve into issues that are more technical in nature, such as compliance with architect’s plans, specifications for materials, specifications for construction, schedules, penalties for delays, among other factors.
In terms of giving advice here, one couldn’t give any meaningful advice based on the facts at hand. What is known is that two parties entered into a contract for the construction of a building. While one party is unhappy, as described by the facts, an arbitration hearing will likely delve into issues that are more technical in nature, such as compliance with architect’s plans, specifications for materials, specifications for construction, schedules, penalties for delays, among other factors.
Q: Is there an equivalent of a "mistrial" in alternative dispute resolutions?
Timur Akpinar's answer
In my experience in handling arbitrations in New York, I have not seen the term “mistrial” come up in this context. I’ve only seen the term arise in the context of formal court proceedings. I have seen arbitration forums list grounds for appeal (e.g. arbitrary or capricious conduct, as an example). These can vary according to the entities administering the arbitration, mediation, or other alternated dispute resolution forum.
In my experience in handling arbitrations in New York, I have not seen the term “mistrial” come up in this context. I’ve only seen the term arise in the context of formal court proceedings. I have seen arbitration forums list grounds for appeal (e.g. arbitrary or capricious conduct, as an example). These can vary according to the entities administering the arbitration, mediation, or other alternated dispute resolution forum.
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