Arbitration / Mediation Law Questions & Answers by State
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Arbitration / Mediation Law Questions & Answers
Q: What is difference between mediation and arbitration
Timur Akpinar's answer
Arbitration is generally binding, while a mediator generally tries to assist the disputing parties toward a resolution without rendering a binding decision. This is more or less a fundamental attribute that distinguishes the two alternate dispute resolution techniques from one another across the nation. There can be deeper differences governed by state law, the rules of the forums, etc. If this concerns an actual situation about which you need legal guidance, consult with a Georgia attorney who...
Arbitration is generally binding, while a mediator generally tries to assist the disputing parties toward a resolution without rendering a binding decision. This is more or less a fundamental attribute that distinguishes the two alternate dispute resolution techniques from one another across the nation. There can be deeper differences governed by state law, the rules of the forums, etc. If this concerns an actual situation about which you need legal guidance, consult with a Georgia attorney who...
Q: Seller did not complete repairs agreed upon in signed inspection resolution document, but presented them as completed.
1 Answer
| Asked
in
Arbitration / Mediation Law, Consumer Law and Small Claims
on
Answered on Dec 15, 2018
Answered on Dec 15, 2018
Thomas A. Grossman's answer
Assuming we are talking about a house, condo or other single family dwelling. If there was a full escrow, any misrepresentations should be considered fraud. If your escrow documents have signed provisions allowing or requiring mediation and/or arbitration, you should demand that one of those procedures be followed. You should find a good mediator or Arbitrator to resolve this matter. Good Luck.
Tom Grossan
P.S. This advice is based only on the information available to me...
Assuming we are talking about a house, condo or other single family dwelling. If there was a full escrow, any misrepresentations should be considered fraud. If your escrow documents have signed provisions allowing or requiring mediation and/or arbitration, you should demand that one of those procedures be followed. You should find a good mediator or Arbitrator to resolve this matter. Good Luck.
Tom Grossan
P.S. This advice is based only on the information available to me...
Q: Do I have a case. Will an attorney consider my case as discrimination or mediation with my Employer
1 Answer
| Asked
in
Arbitration / Mediation Law, Employment Discrimination, Employment Law and Immigration Law
for
New York
on
Answered on Dec 8, 2018
Answered on Dec 8, 2018
Leonard R. Boyer's answer
There is probably know way to "force" your employer to help you bring your spouse to US, nor keep you as an employee. You really need to retain an experienced immigration attorney to find out your other options. H1B is not a Visa that will enable you to have what you want and there is no legal basis for your to sue your employer for emotional distress. Trump administration guidelines for summoning legal and undocumented immigrants before an immigration judge to start deportation procedures will...
There is probably know way to "force" your employer to help you bring your spouse to US, nor keep you as an employee. You really need to retain an experienced immigration attorney to find out your other options. H1B is not a Visa that will enable you to have what you want and there is no legal basis for your to sue your employer for emotional distress. Trump administration guidelines for summoning legal and undocumented immigrants before an immigration judge to start deportation procedures will...
Q: I have a real estate dispute that's supposed to be mediated first
Thomas A. Grossman's answer
If the parties don't like the outcome of the mediation, the next step is to go to binding Arbitration. I assume that the escrow papers have a mediation and an arbitration provision in then, and that both parties of signed both provisions. If one party has not signed the agreements, the there is no mediation or arbitration.
If the parties don't like the outcome of the mediation, the next step is to go to binding Arbitration. I assume that the escrow papers have a mediation and an arbitration provision in then, and that both parties of signed both provisions. If one party has not signed the agreements, the there is no mediation or arbitration.
Q: False DV report to shelter w/ no police report against my deceased dad so she can claim inheritance. Can she do this?
2 Answers
| Asked
in
Estate Planning, Family Law, Arbitration / Mediation Law and Domestic Violence
for
North Carolina
on
Answered on Dec 5, 2018
Answered on Dec 5, 2018
Amanda Bowden Houser's answer
If you father had no will, anything that doesn't automatically pass (such as joint accounts and life insurance with named beneficiaries) will pass via intestate succession which if you are the only child is spouse inherits 1/2 of intestate real estate and a portion of intestate personal property (if you die with personal property worth $60,000 or less, spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/2 of the balance) child...
If you father had no will, anything that doesn't automatically pass (such as joint accounts and life insurance with named beneficiaries) will pass via intestate succession which if you are the only child is spouse inherits 1/2 of intestate real estate and a portion of intestate personal property (if you die with personal property worth $60,000 or less, spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/2 of the balance) child...
Q: I am in need of a Mediation Attorney to represent me this Wednesday, 12/5, from 9 - 11 AM.
1 Answer
| Asked
in
Arbitration / Mediation Law, Child Support, Divorce and Family Law
for
Colorado
on
Answered on Dec 3, 2018
Answered on Dec 3, 2018
John Hyland Barrett III's answer
I may be available depending on location and type of case. You can call me to discuss it.
I may be available depending on location and type of case. You can call me to discuss it.
Q: What is the difference between settling a lawsuit and mediating a lawsuit?
Timur Akpinar's answer
I do not practice in Florida, but in general, settling a lawsuit essentially means reaching an agreement with the other party or their insurance carrier. Mediating the lawsuit means going before a mediator who works toward trying to help the parties reach an agreement. This is general information. If you are actually involved in a lawsuit, a Florida attorney could provide more comprehensive and detailed guidance.
Tim Akpinar
I do not practice in Florida, but in general, settling a lawsuit essentially means reaching an agreement with the other party or their insurance carrier. Mediating the lawsuit means going before a mediator who works toward trying to help the parties reach an agreement. This is general information. If you are actually involved in a lawsuit, a Florida attorney could provide more comprehensive and detailed guidance.
Tim Akpinar
Q: Will I be assigned an arbitrator, or do I have a say in who gets picked for my employment dispute?
Thomas A. Grossman's answer
Without knowing more about your situation, and not being familiar with New York law on ADR, my guess is that if you signed an employment agreement with your employer, it should deal with how a mediator or arbitrator is selected. If not, you could approach your employer and ask him/her about it. On the other hand, if you are already in litigation, the courts will offer ask you to go to mediation or arbitration, and you and your employer must agree on the mediator or arbitrator. Hope that...
Without knowing more about your situation, and not being familiar with New York law on ADR, my guess is that if you signed an employment agreement with your employer, it should deal with how a mediator or arbitrator is selected. If not, you could approach your employer and ask him/her about it. On the other hand, if you are already in litigation, the courts will offer ask you to go to mediation or arbitration, and you and your employer must agree on the mediator or arbitrator. Hope that...
Q: Am I able to sue a mediator?
Timur Akpinar's answer
An attorney would need more details about the matter. But in general, the role of the mediator is assisting parties in trying to resolve disputes.
Tim Akpinar
An attorney would need more details about the matter. But in general, the role of the mediator is assisting parties in trying to resolve disputes.
Tim Akpinar
Q: My father passed a few years back and left no will behind. What kind of lawyer do I speak to about putting my siblings
1 Answer
| Asked
in
Estate Planning, Family Law, Real Estate Law and Arbitration / Mediation Law
for
California
on
Answered on Nov 29, 2018
Answered on Nov 29, 2018
Genene N. Dunn's answer
You need a probate or trust administration attorney. If there was no will, then the law says who will get the house and it will have to go through the probate court process to be transferred. It depends on how he held title to the property as well and if someone else was on title with him.
You need a probate or trust administration attorney. If there was no will, then the law says who will get the house and it will have to go through the probate court process to be transferred. It depends on how he held title to the property as well and if someone else was on title with him.
Q: I'm filing for sole custody of my now 10 month old. Her father hasn't seen her in 4 months. Should I get a lawyer?
1 Answer
| Asked
in
Family Law, Arbitration / Mediation Law and Child Custody
for
New York
on
Answered on Nov 27, 2018
Answered on Nov 27, 2018
Nina Mironenko's answer
I would actually wait another 6 months just to be safe. If in the meantime he asks you for parenting time, you can then not allow it and go into court on the basis that he hasn't had any contact with her and she isn't at all familiar with him.
I would actually wait another 6 months just to be safe. If in the meantime he asks you for parenting time, you can then not allow it and go into court on the basis that he hasn't had any contact with her and she isn't at all familiar with him.
Q: A website policy is dated 2011 yet the most current policy is dated 2017. Which policy takes legal precedence?
1 Answer
| Asked
in
Arbitration / Mediation Law, Business Law and Internet Law
for
Virginia
on
Answered on Nov 24, 2018
Answered on Nov 24, 2018
Timur Akpinar's answer
It could be difficult for an attorney to answer without reading both policies. You could present both policies to an attorney in your state.
Tim Akpinar
It could be difficult for an attorney to answer without reading both policies. You could present both policies to an attorney in your state.
Tim Akpinar
Q: If the person doesn't pay the amount decided in arbitration, do we go back to arbitration, or sue in court?
Thomas A. Grossman's answer
I would first threaten to file a lawsuit. If that doesn't work, you can sue them for the money. If the sum is $10,000 or less you can sue them in small claims court. If the sum owed is less that 25,000 you can sue them in Superior Court as a Limited Action. If more than $25,000, you must sue in Superior Court as a regular lawsuit. You can get a lot of information by going to the Court website near where you live and checking it out. Good Luck.
I would first threaten to file a lawsuit. If that doesn't work, you can sue them for the money. If the sum is $10,000 or less you can sue them in small claims court. If the sum owed is less that 25,000 you can sue them in Superior Court as a Limited Action. If more than $25,000, you must sue in Superior Court as a regular lawsuit. You can get a lot of information by going to the Court website near where you live and checking it out. Good Luck.
Q: Is arbitration the same thing as mediation?
Timur Akpinar's answer
In general, arbitration is often binding while mediation is often not. This is one of the fundamental differences. There are a number of other differences. If you are contemplating using either process, an attorney in your state could probably provide more meaningful guidance in terms of the available forums in your state, their procedural rules, and the legal ramifications of decisions/recommendations in a chosen forum.
Tim Akpinar
In general, arbitration is often binding while mediation is often not. This is one of the fundamental differences. There are a number of other differences. If you are contemplating using either process, an attorney in your state could probably provide more meaningful guidance in terms of the available forums in your state, their procedural rules, and the legal ramifications of decisions/recommendations in a chosen forum.
Tim Akpinar
Q: Are arbitration hearings always secret?
Thomas A. Grossman's answer
They are not secret, but much of the information each side uses to prove his of her case is not necessarily open for review. If you have a key piece of evidence that favors you, you would want the other side to see it. Visa/Versa. An Arbitration is like a mini-trial, and both sides should come the Arbitration fully prepared. If you want a piece of evidence to be considered by the Arbitrator, you will need to present it to him or her as part of your case.
They are not secret, but much of the information each side uses to prove his of her case is not necessarily open for review. If you have a key piece of evidence that favors you, you would want the other side to see it. Visa/Versa. An Arbitration is like a mini-trial, and both sides should come the Arbitration fully prepared. If you want a piece of evidence to be considered by the Arbitrator, you will need to present it to him or her as part of your case.
Q: Does a trust override a will?Thank you
1 Answer
| Asked
in
Family Law, Arbitration / Mediation Law and Probate
for
Michigan
on
Answered on Nov 16, 2018
Answered on Nov 16, 2018
Trent Harris' answer
To answer your question, yes, a trust can "override" a will if the property that would've been transferred by the will has been conveyed into the trust before mom died. You should talk to an attorney, since the situation you are describing sounds like a trust/will contest to challenge the actions taken before mom died. Ownership of bank accounts is also a grey area, since if the other people were merely added for "convenience", then they may not have been intended as owners of the funds with...
To answer your question, yes, a trust can "override" a will if the property that would've been transferred by the will has been conveyed into the trust before mom died. You should talk to an attorney, since the situation you are describing sounds like a trust/will contest to challenge the actions taken before mom died. Ownership of bank accounts is also a grey area, since if the other people were merely added for "convenience", then they may not have been intended as owners of the funds with...
Q: I loaned an ex boyfriend 18k during the time we were together. He now has a good job, can I have his wages garnished
2 Answers
| Asked
in
Family Law, Arbitration / Mediation Law, Civil Litigation and Small Claims
for
Oregon
on
Answered on Nov 13, 2018
Answered on Nov 13, 2018
M. Nicole Clooten's answer
Unless you had some sort of contract, preferably in writing, you would have a difficult time getting a judgment against, which is required in order to get a writ of garnishment. I would contact an attorney that specializes in contract law if you think that the intent of both of was to pay you back, and you have some sort of proof of that.
Unless you had some sort of contract, preferably in writing, you would have a difficult time getting a judgment against, which is required in order to get a writ of garnishment. I would contact an attorney that specializes in contract law if you think that the intent of both of was to pay you back, and you have some sort of proof of that.
Q: Can I request a mediator in my eviction case at any time?
Fred Bopp III's answer
Not at any time, no. Depending on what stage of the process your eviction case is at, your right to request a mediator may no longer be available. For more information, please go to this link: http://www.courts.maine.gov/maine_courts/district/evictions.html
Mediation is also available in eviction actions, which are called Forcible Entry and Detainer cases. A mediator may be at the courthouse when parties come to court on the day of the hearing, or mediation can be requested in...
Not at any time, no. Depending on what stage of the process your eviction case is at, your right to request a mediator may no longer be available. For more information, please go to this link: http://www.courts.maine.gov/maine_courts/district/evictions.html
Mediation is also available in eviction actions, which are called Forcible Entry and Detainer cases. A mediator may be at the courthouse when parties come to court on the day of the hearing, or mediation can be requested in...
Q: Are all parties' signatures required for an Interpleader case to be filed?
1 Answer
| Asked
in
Contracts and Arbitration / Mediation Law
for
Georgia
on
Answered on Nov 5, 2018
Answered on Nov 5, 2018
Thomas A. Grossman's answer
Assuming that a lawsuit has already been filed, and the plaintiff and defendant have both filed their respective papers (a Complaint and an Answer), and assuming that you are the person who wants to interplead into the action, I am pretty sure that you would have to prepare papers as an "interpleader" and sign them in order to be allowed into the action. I am also pretty sure that you would be required to pay a filing fee in order to do so. Hope that helps.
Tom Grossman
All...
Assuming that a lawsuit has already been filed, and the plaintiff and defendant have both filed their respective papers (a Complaint and an Answer), and assuming that you are the person who wants to interplead into the action, I am pretty sure that you would have to prepare papers as an "interpleader" and sign them in order to be allowed into the action. I am also pretty sure that you would be required to pay a filing fee in order to do so. Hope that helps.
Tom Grossman
All...
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