Arbitration / Mediation Law Questions & Answers by State
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Arbitration / Mediation Law Questions & Answers
Q: What does it mean if your arbitration proceeding is binding?
Robert D. Kreisman's answer
If the parties had agreed to a binding arbitration, the end result is just that-the decision is binding without judicial review. If the arbitrator awarded damages or some money remedy, the party assessed is usually given a set time limit in which to comply or pay the award. If not, the other side, the winning party, should and will file a lawsuit to enforce the binding arbitrator's decision. In short binding arbitration results are not reviewable by a court inasmuch the reason for the...
If the parties had agreed to a binding arbitration, the end result is just that-the decision is binding without judicial review. If the arbitrator awarded damages or some money remedy, the party assessed is usually given a set time limit in which to comply or pay the award. If not, the other side, the winning party, should and will file a lawsuit to enforce the binding arbitrator's decision. In short binding arbitration results are not reviewable by a court inasmuch the reason for the...
Q: Is there any way to appeal a decision by an arbitrator?
Steve A. Buchwalter's answer
If certain narrow conditions are met, an arbitration award can be vacated or corrected by a court. If a court refuses to vacate or correct the award, the court's decision can be appealed. Act fast, you generally have around 3 months to file and serve the correct papers.
If certain narrow conditions are met, an arbitration award can be vacated or corrected by a court. If a court refuses to vacate or correct the award, the court's decision can be appealed. Act fast, you generally have around 3 months to file and serve the correct papers.
Q: What is court-annexed arbitration? Does that means I'm not allowed to litigate my claim?
Steve McCann's answer
No. Depending on the court, you are likely required to participate in an arbitration in good faith prior to proceeding to trial. Assuming the arbitration is court mandated and not mandated by contract, if you or the other party do not agree with the arbitration award, you can reject it and proceed to trial. That said, arbitrations are highly technical, and it is highly advised you consult with an attorney immediately, as there are deadlines and notice requirements that must be met.
No. Depending on the court, you are likely required to participate in an arbitration in good faith prior to proceeding to trial. Assuming the arbitration is court mandated and not mandated by contract, if you or the other party do not agree with the arbitration award, you can reject it and proceed to trial. That said, arbitrations are highly technical, and it is highly advised you consult with an attorney immediately, as there are deadlines and notice requirements that must be met.
Q: I was staying at my long time friends home. He got upset with me chanved locks n kep all my personal items and CAT!
1 Answer
| Asked
in
Libel & Slander, Personal Injury, Animal / Dog Law and Arbitration / Mediation Law
for
Florida
on
Answered on May 31, 2018
Answered on May 31, 2018
Drew Bruner's answer
This may be both a criminal and civil matter. In Florida, there are generally no "self-help" evictions. If your pet or belongings are also being held without your permission, a crime may have been committed. It is wise to report this to a local law enforcement agency and contact a landlord-tenant attorney to preserve your rights.
This may be both a criminal and civil matter. In Florida, there are generally no "self-help" evictions. If your pet or belongings are also being held without your permission, a crime may have been committed. It is wise to report this to a local law enforcement agency and contact a landlord-tenant attorney to preserve your rights.
Q: Are the Florida laws on arbitration in line with federal ones? If not, which law governs the validity of a signed
Terrence H Thorgaard's answer
It would depend, in all likelihood, upon the nature of the case to be arbitrated. If it is a state court case, or a controversy which has not yet gone to court, it would probably be controlled by state laws. Only if it's a federal case would it probably be governed by federal rules.
It would depend, in all likelihood, upon the nature of the case to be arbitrated. If it is a state court case, or a controversy which has not yet gone to court, it would probably be controlled by state laws. Only if it's a federal case would it probably be governed by federal rules.
Q: 1. can the PCA rely on procedural rules at the expense of substantive laws?
1 Answer
| Asked
in
Consumer Law, Arbitration / Mediation Law and International Law
on
Answered on May 30, 2018
Answered on May 30, 2018
Richard Sternberg's answer
I cannot determine what country, state, county, or other jurisdiction is the source of this question, but you need to review the case file with a lawyer familiar with the facts and law there. Any response you get here is flat-out incompetent.
BTW, Justia is primarily visited by US attorneys, and I'm pretty sure that there is no Permanent Court of Arbitration in any of our 56 state jurisdictions.
I cannot determine what country, state, county, or other jurisdiction is the source of this question, but you need to review the case file with a lawyer familiar with the facts and law there. Any response you get here is flat-out incompetent.
BTW, Justia is primarily visited by US attorneys, and I'm pretty sure that there is no Permanent Court of Arbitration in any of our 56 state jurisdictions.
Q: I am pro se in an arbitration case and need to find a service for performing legal research. Any suggestions?
1 Answer
| Asked
in
Agricultural Law, Arbitration / Mediation Law and Land Use & Zoning
for
Maryland
on
Answered on May 26, 2018
Answered on May 26, 2018
Salim U. Shaikh's answer
Some specific details were found missing e.g. who nominated arbitrators? which of the two entities are in arbitration? what core issues are supposed to be settled by arbitration? why dispute did arise : due to lack of clarities in terms of reference, or dispute etc. whether award will be binding on both parties? etc. etc. Elaboration required.
Some specific details were found missing e.g. who nominated arbitrators? which of the two entities are in arbitration? what core issues are supposed to be settled by arbitration? why dispute did arise : due to lack of clarities in terms of reference, or dispute etc. whether award will be binding on both parties? etc. etc. Elaboration required.
Q: Can a credit dispute halt an ongoing suit in court ?
2 Answers
| Asked
in
Arbitration / Mediation Law, Consumer Law, Small Claims and Admiralty / Maritime
for
California
on
Answered on May 21, 2018
Answered on May 21, 2018
William John Light's answer
This mostly unintelligible. You can dispute a debt in a collection matter, if that is what you are asking. Don't see how a credit report pertains to that.
This mostly unintelligible. You can dispute a debt in a collection matter, if that is what you are asking. Don't see how a credit report pertains to that.
Q: lived in Co 5/01-5/17 served divorce ppra 6/1/17. Moved to TX 7/17 for job Spouse atty sez I must trvl to CO for depo?
1 Answer
| Asked
in
Arbitration / Mediation Law, Divorce and Family Law
for
Colorado
on
Answered on May 21, 2018
Answered on May 21, 2018
John Hyland Barrett III's answer
Since you have an attorney in Colorado, you should discuss this with them and follow their advice.
Since you have an attorney in Colorado, you should discuss this with them and follow their advice.
Q: If the County job and family services says I owe them money but can't provide proof of money being owed to them
1 Answer
| Asked
in
Family Law, Appeals / Appellate Law, Arbitration / Mediation Law and Child Support
for
Ohio
on
Answered on May 14, 2018
Answered on May 14, 2018
Joseph Jaap's answer
Do you have documents that show you paid the amounts they say are due? Were the amounts you paid listed on your tax returns, payroll deductions, or bank statements? If their records show you owe money, even if they don't have full documentation of that, you might have the burden to prove that you made the payments. Otherwise, you could be ordered to pay again. Use the Find a Lawyer tab and retain a local family law attorney to assist you.
Do you have documents that show you paid the amounts they say are due? Were the amounts you paid listed on your tax returns, payroll deductions, or bank statements? If their records show you owe money, even if they don't have full documentation of that, you might have the burden to prove that you made the payments. Otherwise, you could be ordered to pay again. Use the Find a Lawyer tab and retain a local family law attorney to assist you.
Q: Can my brother get 100% of real estate that he owned 50% and dad, that died, owned 50% because I'm adopted?
2 Answers
| Asked
in
Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate
for
California
on
Answered on May 14, 2018
Answered on May 14, 2018
Bruce Adrian Last's answer
Dear San Francisco:
I would contact a lawyer right away about this matter. But here is some information to get you started. I am also assuming that Mom above is your birth mother.
You have a much-juristictional problem here. The proper jurisdiction for Probate law, which governs testate (wills), instate (no will or trust) and trust administration of a deceased person's property depends on a couple of facts.
1. Normally the state of the Decedent's residence is the proper...
Dear San Francisco:
I would contact a lawyer right away about this matter. But here is some information to get you started. I am also assuming that Mom above is your birth mother.
You have a much-juristictional problem here. The proper jurisdiction for Probate law, which governs testate (wills), instate (no will or trust) and trust administration of a deceased person's property depends on a couple of facts.
1. Normally the state of the Decedent's residence is the proper...
Q: I was married in Louisiana I currently reside in Tennessee how do I divorce my spouse and get custody issues settled
1 Answer
| Asked
in
Arbitration / Mediation Law, Child Custody and Divorce
for
Tennessee
on
Answered on May 11, 2018
Answered on May 11, 2018
Leonard Robert Grefseng's answer
Sorry, but much more information is needed to determine where you sound file for divorce. Based on the brief info provided, my first impression is to hire an attorney in Louisiana. Louisiana law differs from the rest of the United States in some ways because of its history as a French colony ( remember the Louisiana Purchase?) . You must be a resident of Tennessee for at least 6 months before you can file for divorce, but if you wife has never lived here, it may not be possible to sue her for...
Sorry, but much more information is needed to determine where you sound file for divorce. Based on the brief info provided, my first impression is to hire an attorney in Louisiana. Louisiana law differs from the rest of the United States in some ways because of its history as a French colony ( remember the Louisiana Purchase?) . You must be a resident of Tennessee for at least 6 months before you can file for divorce, but if you wife has never lived here, it may not be possible to sue her for...
Q: I have one question and that is --do judges and district attorney accept letters from families ?
2 Answers
| Asked
in
Criminal Law, Arbitration / Mediation Law and Gov & Administrative Law
for
New York
on
Answered on May 9, 2018
Answered on May 9, 2018
Andrew S. Tabashneck's answer
I am very sorry to hear your are going through this.
To answer your question, yes, you can most certainly send a letter to the judge and the district attorney. In fact, you could even call the district attorney, or the assistant district attorney assigned to the case, and ask to meet with her. It is very possible she may meet with you and you could address the concerns you have. At the same time, uou may want to be careful because, depending on the ada, you could bring your daughter...
I am very sorry to hear your are going through this.
To answer your question, yes, you can most certainly send a letter to the judge and the district attorney. In fact, you could even call the district attorney, or the assistant district attorney assigned to the case, and ask to meet with her. It is very possible she may meet with you and you could address the concerns you have. At the same time, uou may want to be careful because, depending on the ada, you could bring your daughter...
Q: In the middle of a divorce and about to go to mediation for child support and he got fired for poor performance.now what
2 Answers
| Asked
in
Arbitration / Mediation Law, Child Support, Divorce and Family Law
for
Georgia
on
Answered on May 9, 2018
Answered on May 9, 2018
Ellaretha Coleman's answer
For child support, the court can not only take into consideration of his current income, but also his earning ability. If he is voluntarily unemployed, his income may be imputed to the amount that he previously made before getting fired.
For child support, the court can not only take into consideration of his current income, but also his earning ability. If he is voluntarily unemployed, his income may be imputed to the amount that he previously made before getting fired.
Q: Hello, I have a two year old son, who recently his mother decided to take him to the UK to start a new life.
1 Answer
| Asked
in
Family Law, Immigration Law, Adoption and Arbitration / Mediation Law
for
California
on
Answered on May 5, 2018
Answered on May 5, 2018
Carl Shusterman's answer
I would like to help you, but your question does not involve immigration law.
I would like to help you, but your question does not involve immigration law.
Q: We have a dispute with two partners over a Tenancy-In-Common agreement related to a condo unit we own jointly.
N. Munro Merrick's answer
Some agreements require mediation first. In mediation each part pays his own expenses. In Arbitration, unless the contract specifies otherwise, the same applies. Costs? Better consult a Concord arbitrator. Google the requirement for a Concord area arbitrator, and also check the local bar association, usually XXXX County Bar Association for referrals.
Some agreements require mediation first. In mediation each part pays his own expenses. In Arbitration, unless the contract specifies otherwise, the same applies. Costs? Better consult a Concord arbitrator. Google the requirement for a Concord area arbitrator, and also check the local bar association, usually XXXX County Bar Association for referrals.
Q: Bought a house that has no 2x4 framing in the walls. It's 1x12 from the bottom plate to the top. This was not disclosed.
2 Answers
| Asked
in
Real Estate Law and Arbitration / Mediation Law
for
California
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
N. Munro Merrick's answer
This is a first for me -- 100 years old?? 1x12 studs??? It probably did not violate the requirements of the building codes of the day, if there were any when your house was built. What does your sales contract require in the way of disclosures? What do you really want to do, get out of the deal? Get compensated for getting the house up to code? Once you decide that, talk to the seller and see if you two can come to an agreement. Negotiate in good faith and without accusations. If no...
This is a first for me -- 100 years old?? 1x12 studs??? It probably did not violate the requirements of the building codes of the day, if there were any when your house was built. What does your sales contract require in the way of disclosures? What do you really want to do, get out of the deal? Get compensated for getting the house up to code? Once you decide that, talk to the seller and see if you two can come to an agreement. Negotiate in good faith and without accusations. If no...
Q: I discovered after signing it that my arbitration agreement it indicates that a mediator doesn't need to decide my
N. Munro Merrick's answer
Generally, accepted business practices are relied on when there is no specific statute that covers the exact situation. But that does not mean that there is no California case law on the subject. You mention your Arbitration Agreement, then talk about your Mediator. Which are you involved in? It is also the case that if you both agree to a settlement, it can be enforced in court as long as it is not illegal.
Generally, accepted business practices are relied on when there is no specific statute that covers the exact situation. But that does not mean that there is no California case law on the subject. You mention your Arbitration Agreement, then talk about your Mediator. Which are you involved in? It is also the case that if you both agree to a settlement, it can be enforced in court as long as it is not illegal.
Q: If I'm part of a union, can my employer still insist on using arbitration with a mediator outside my union to settle a
Terrence H Thorgaard's answer
It would depend on the terms of the collective bargaining agreement. And you should know that arbitration and mediation are two different things. Your union's attorney should be in a better position to answer these questions.
It would depend on the terms of the collective bargaining agreement. And you should know that arbitration and mediation are two different things. Your union's attorney should be in a better position to answer these questions.
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