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Arbitration / Mediation Law Questions & Answers
2 Answers | Asked in Arbitration / Mediation Law, Estate Planning and Probate for Illinois on
Q: Thank you. I do understand that to be true.... 1 family member however that is wanting to sell, does not want to...

Give up their mineral rights to the land... can they really have the best of both worlds & ultimately screw the other 2 family members.

Charles E. Hutchinson
Charles E. Hutchinson answered on Mar 29, 2021

When it comes to selling and buying, most everything is negotiable. If they are not willing to sell 100% of their share, then the value of that share may be greatly diminished. The remaining plaintiffs could sue in court demanding that the sale include mineral rights, although nothing is... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Illinois on
Q: So for the family members that don’t want to sell

Isn’t there any way to stop this?

It has been in our family a very long time & it is not divided up...

this isn’t right - there has to be away to stop it

Charles E. Hutchinson
Charles E. Hutchinson answered on Mar 27, 2021

Those who don't want to sell can buy the fair market value of those who want to sell. Otherwise, there may be language in the will or trust which has provisions regarding the sale of items such as a specific number or % of beneficiaries required to sell assets.

2 Answers | Asked in Arbitration / Mediation Law, Real Estate Law and Estate Planning for Illinois on
Q: Inherited undivided interest in a large amount of land, that has mineral rights. Can one of the family members force the

The other family members to sell the land? This land has been in our family for an extremely long time & some don’t want to sell.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 27, 2021

Those who want to sell can file a lawsuit for Partition. They will win. This will give the court the power to sell the property at auction and divide the proceeds among all the owners. An auction sale is not likely to bring in as much money as a regular sale.

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1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California on
Q: My partners ex wife is abusive and not doing whats best for their children and attacking mine.. what can I do??

Unsanitary living situation

Child neglected and used as pawns

Threatening texts,phone calls and emails. History in van nuys court house

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You can certainly get a restraining order against her as to your children. Suggest you consult with a local family law attorney ASAP.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Family Law for California on
Q: What happens if a mediator sends your documents of your visitation custody agreements to a third party, someone’s email

Someone received the email and notified me that they got sent my private documents

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Possible violation of your right of privacy by the mediator. Court appointed mediator? You need to report this to the Court it is a big deal.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Arbitration / Mediation Law and Medical Malpractice for California on
Q: Why do lawyers not take medical arbitration, unless there is complete paralysis or loss of limb.

Is there a amount that is minimum for lawyers to break even on a case.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Mar 19, 2021

The short answer is that the medical industry convinced the Legislature to pass laws stacking the deck in the industry's favor and against patients and their attorneys. Even without special laws, these types of cases require a great deal of time and financial investment. Virtually 100%... Read more »

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Can you increase the amount of damages requested after the initial filing in an arbitration

Initial filing was limited due to misunderstanding the limits in the arbitration.

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Possibly. Insufficient information to determine. The sooner you ask to increase and notify the other side, the better.

Justia disclaimers below incorporated herein.

2 Answers | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for California on
Q: I was fired because i was pregnant, my lawyer wants me to settle for 100k. Should I?
Louis George Fazzi
Louis George Fazzi answered on Mar 14, 2021

That is a question you should discuss with your lawyer. You can ask him/her to give you a legal analysis in writing of all the reasons why this should be a good and reasonable offer, given the facts of your case. This is, of course, something you should have discussed with your attorney ahead of... Read more »

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1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Florida on
Q: Florida: can a lawyer that did a closing for the other party 10 years ago still represent me in a mediation

The closing was on a property unrelated to this case. We are a couple not married owning a house together and I hired a lawyer for a demand letter and mediation since I want to sell and the other party wants an uneven split of proceeds. However this lawyer did a closing for the other party years... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 12, 2021

I believe the lawyer can represent you if the lawyer gets the informed consent of both parties to the mediation.

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Texas on
Q: Can I get my earnest money back in Texas?

On Feb 27, we went to see some home and we stop on Perry Homes. The seller told us the prices where going to change soon. She ask us if we had an agent and since we didn't she told her friend who is an agent an was there. He said we could sell our home and get more 100k and we where pressure... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 24, 2021

Whether you can get the earnest money depends on the terms of the contract you signed. Take it to a lawyer for review.

1 Answer | Asked in Arbitration / Mediation Law, Family Law and Elder Law for Florida on
Q: Sibling dispute over a widow dad. What paperwork I file in order to be able to get our dad some time of the year?

My dad has 2 daughters from ex and 2 daughters from 1st marriage to my mom. Mom passed away 10yrs ago and he hasn’t remarried. He had a brain aneurysm and is on a wheelchair and can’t speak. He only says my name, aha & no. His other 2 daughters took him out of the nursing home we had him... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2021

Isn't it obvious? You write that "he doesn’t have an appointed guardian. " So file an application to be appointed guardian.

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: Can I sue hotels.com for booking a room in a hotel that doesn't exist for about a year?

I booked and paid for a hotel and the reservation was guaranteed and confirmed. When I got to the hotel, hotel was not operational for about a year. No substitute was offered

David H. Relkin
David H. Relkin answered on Feb 14, 2021

I haven't consulted hotels.com's terms and conditions on their website, however, a contract cannot exclude gross negligence (which is the case most likely) or fraud (which would have required them to have actually known the hotel was not operating) without a knowing waiver.

I have...
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1 Answer | Asked in Arbitration / Mediation Law, Workers' Compensation and Legal Malpractice for Tennessee on
Q: A Third Party Administrator gave portions of my medical record to their outside legal counsel for Arbitration.

I don't remember signing anything to the Third Party Administrator to share my Work Comp provider's medical record (for me) with their outside attorney. I stopped the arbitration process. It wasn't working. This attorney is an outside attorney only. Now the the... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 9, 2021

A Tennessee attorney could advise best, but your post remains open for three weeks. In terms of GENERAL insurance doctrine, regardless of the type of insurance, carriers or their TPAs can delegate defense matters to counsel of their choosing, inhouse or outside. But that is only a general insurance... Read more »

2 Answers | Asked in Workers' Compensation and Arbitration / Mediation Law for Massachusetts on
Q: In my worker's compensation claim, the employer's side hasn't shown to mediation for the 3rd time. What happens now?

I made the error of writing mediation instead of Conciliation and also it was the insurer's representative not showing. Thank you for your quick response Laura Kiley, I appreciate it

Laura Kiley
Laura Kiley answered on Feb 9, 2021

Are you sure it was the Employer who hasn't shown, or was it the insurer's representative? Was it for a mediation or a conciliation? Mediations are voluntary when it comes to workers compensation so there isn't anything that would require them to attend a mediation. If it was the... Read more »

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1 Answer | Asked in Criminal Law and Arbitration / Mediation Law for Michigan on
Q: How long can Florida suspend my license in Michigan for 2 non traffic misdemeanor offences? Since 2008
Brent T. Geers
Brent T. Geers answered on Feb 1, 2021

States that participate in the interstate compact will honor the restrictions / suspended imposed by the initial state.

Have you satisfied all conditions imposed by Florida? Since 2008 is a rather long time. Michigan will keep your license suspended, though, so long as Florida says it...
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1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Insurance Bad Faith for Texas on
Q: What can I do about a supplemental insurance company's mistake resulting in my info being sent to a coworker?

Local insurance agent put a coworker's address in my account when we were enrolling (along with at least one other typo; birthday is/was wrong). Been going back and forth with him and the corporate customer support team. I can't get a refund and terminate my account, because I cant verify... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 27, 2021

Was the agent negligent? Sounds like it. But at this point it's not clear what your damages are. If they fix the problem, you won't have any damages. No damages means no claim against the agent.

3 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Contracts for New Jersey on
Q: Found a property which has been abodoned in New Jersey: placed business logos on the property and have taken furniture.

Last sale listed in 2015, without an owner or realtor agent listing.

Claimed the property on Realtor.com.

What are the next steps I can take toward legal ownership of this property?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 18, 2021

You can't just take furniture from a place because you feel its been abandoned it may not be. That can be a criminal offense. If your trying to get a property by adverse possession be careful as many people end up not getting the property but getting a criminal charge instead for such things... Read more »

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1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Divorce for California on
Q: What are my options for getting my divorce completed?

My ex filed the divorce petition in 2016. I didn't file a response because we were in agreement on most things. (One child, no property to split). The case went into default status and he has failed to continue the process (hasn't filed the remaining paperwork to finish and get judgment).... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 18, 2021

You can file a motion to set aside the default. If granted, you would then file your response to the petition and move your case forward as usual. The other option is to enter into a settlement agreement with the other party and file that as a stipulated judgment.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Which institutional arbitration forum is most preferred in California State?? Can you name a few?
Yelena Gurevich
Yelena Gurevich answered on Jan 11, 2021

JAMS and AAA are the top names.

1 Answer | Asked in Arbitration / Mediation Law and Employment Discrimination for Virginia on
Q: Asking about firing from big corporations, no Counsels, no arbitration

Yes I'm the person, fire for getting 10 from a customer I help and Social with, cut her,grass, took time to her problem every month, listen to her same story every month, fired because she has gotten a big gas bill, lost marriage, house,car,Black ball

Tim Akpinar
Tim Akpinar answered on Dec 29, 2020

A Virginia attorney could advise best, but your question remains open for a month. You could repost under Employment Law, or reach out to a local employment law attorney. Find out if your initial consult would be free and if the matter would be worth pursuing... you don't want to compound your... Read more »

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