Arbitration / Mediation Law Questions & Answers by State

Arbitration / Mediation Law Questions & Answers

Q: I was not aware that mediation was an option in the county where I live so I requested a mandatory arbitration hearing.

1 Answer | Asked in Contracts and Arbitration / Mediation Law for California on
Answered on May 27, 2017

Usually an attorney who hasn't been paid for her/his services is required to notify the client of her right to arbitration of the fee claim before the case gets filed as a collection action in court. So the attorney was following the steps outlined by the State Bar for a fee collection matter. Mediation is not usually an option in such matters, but you can write to your former lawyer and offer mediation instead of doing the arbitration, or you could simply try to negotiate better terms with the...
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Q: Am I bound to an agreement that wasn't countersigned even if I signed, sent a 50% deposit, and work has started?

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Business Law for California on
Answered on May 27, 2017

Have a lawyer review the contract and the facts to determine your rights and duties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: I filed paper work for a divorce. Waited 60 days, and have a court date. Got mail saying it was denied. What do I do?

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Divorce for Kentucky on
Answered on May 22, 2017

You may want to consider hiring an attorney. If you have tried to do it yourself and you weren't able to get it done, there is probably something you are not doing correctly and it must be fixed before the court will grant your divorce/dissolution.
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Q: can you please tell me how to make a formal complaint to the state bar asociation or direct me to the right person to

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Texas on
Answered on May 22, 2017

Here's a link that may help. https://www.texasbar.com/AM/Template.cfm?Section=File_a_Grievance&Template=/CM/HTMLDisplay.cfm&ContentID=29656 - you may have to copy and paste it in your browser.

In addition or as an alternative, perhaps you could seek assistance of separate counsel.

I wish you the best.
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Q: Contractor installed my roof incorrectly. Have arbitration clause in contract. Do I have any rights at all?

3 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Construction Law for California on
Answered on May 18, 2017

If the repair is under $10k, you can sue in Small Claims. You will need to bring the photos, original contract and a statement from Owen's Corning about what is wrong and an estimate to repair it.

If it's over $10k, you will need to hire an attorney and file a lawsuit in Superior Court.
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Q: Prep for mediation. All documents as required by court submitted. Spouse attny. demanding more. Is this harrassement?

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Colorado on
Answered on May 18, 2017

The requests are very likely not harassment. Be aware that under Rule 16.2 (found in the JDF 1104 disclosure form), a significant amount of financial information is required to be disclosed without request. Failure to provide this information can result in court enforcement with sanctions. That said, some attorneys try to push beyond the mandatory disclosure requirements of Rule 16 (I had opposing once ask for a release of the entirety of my client's medical records--that did not happen...).
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Q: Can I present information to a judge now that was not presented correctly during my divorce?

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Massachusetts on
Answered on May 15, 2017

It depends on the current status of your case. You may need to hire a new lawyer asap.

See: http://www.aeesq.com/divorce-attorney/divorce-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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Q: What is an arbitration hearing?

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Answered on May 8, 2017

Instead of going to court, letting an independent third party settle the dispute.

In Illinois workers comp disputes are settled by an Arbitrator.
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Q: What is the difference between an arbitration hearing and a regular court proceeding?

1 Answer | Asked in Arbitration / Mediation Law for New York on
Answered on May 8, 2017

Arbitration is more informal, not in court, and may be binding or not in its decision, depending on the rules agreed to by the parties beforehand. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
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Q: My mom passed away and had no will or power of attorney i have her car but dont know how to put it in my name

1 Answer | Asked in Arbitration / Mediation Law and Probate for California on
Answered on May 3, 2017

If the vehicle was the only asset of your mother and you are the only heir to her estate, then you can transfer the vehicle to yourself with the Department of Motor Vehicles. Go to the DMV with her certified death certificate and the car registration and title. They will give you the forms to fill out.
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Q: Are damages allowed in small claims court if the case goes to mediation?

1 Answer | Asked in Arbitration / Mediation Law and Small Claims for Florida on
Answered on May 2, 2017

This does not appear to be an immigration question. However, more information is needed.
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Q: I have had my aribritration hearing, and I am almost 4 weeks pass the decision date what should I do. Thank You

1 Answer | Asked in Arbitration / Mediation Law and Employment Discrimination for California on
Answered on Apr 27, 2017

It depends on the terms of the arbitration agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: FCE or IME needs to be done now before settlement talks can take place. Why now??

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Arbitration / Mediation Law for Illinois on
Answered on Apr 23, 2017

You are paying an attorney who knows all of the details of your claim, a great deal of money. Why would you seek an online opinion when you already paid for the privilege of getting an informed opinion? Ask YOUR attorney. HE has all of the information necessary to give you an informed answer.
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Q: I'm considering arbitration over a court suit, but the paperwork the other party gave me to sign says the losing party

1 Answer | Asked in Arbitration / Mediation Law for New York on
Answered on Apr 22, 2017

That is typical, but there may be defenses depending on the contract and related facts.

See: http://www.aeesq.com/business-law/business-lawsuits/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in...
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Q: friends homeless asking to stay for 5 days w their belongings in garage, been 25 days no rent.Need to evict them?

1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for Ohio on
Answered on Apr 19, 2017

Yes, unfortunately, you must use the proper eviction process. If you don't, they could sue you for wrongful eviction - and they probably would. Give them a 3-day notice for non-payment of rent, and then file for eviction after 3 days. The court might dismiss that, since there was never an agreement to pay rent. And the court could say they are on a month-to-month lease, which can be terminated at the end of a month by giving notice at least 30 days in advance. So in case that eviction case...
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Q: If my estranged husband hasnt tried to contact my son in about 7yrs.Can I get divorce and terminate his parental rights?

1 Answer | Asked in Adoption, Arbitration / Mediation Law, Child Custody and Divorce for Louisiana on
Answered on Apr 18, 2017

You can get a divorce immediately based on living separate and apart without reconciliation for a period of 1 year. You can ask for sole custody in the divorce proceedings. Once you and your fiance have been married for 6 months, he can file to adopt the child. The father's rights can be terminated without his consent in the adoption if he has failed to communicate or attempt to communicate with the child without just cause for a period of over 180 days.

Give me a call, and I'll be...
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Q: Mediation agreement stipulates "no roommates". If he marries, is the new wife considered a "roommate"?

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Illinois on
Answered on Apr 16, 2017

No roommates would be interpreted as no one else living there, married or unmarried, unless otherwise explicitly stated.
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Q: What happens when a motion to modify a divorce decree was never finished. It was filed to modify but we never finished.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Oklahoma on
Answered on Apr 10, 2017

The last order, the Temporary Order is still in effect. My suggestion would be for either you or your Ex draw up your agreement, both sign your approval, and submit to the Judge for filing.

I would be happy to review it for you before it is filed if you send it to me. Visit my website for more contact info. www.garyjdean.com
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Q: A friend recently divorced. The only papers filed with the court are hand written, from mediation.

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Georgia on
Answered on Apr 7, 2017

No one is going to be able to give advice until someone gets a certified copy of the final divorce paperwork for the courthouse.
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Q: process of purchasing a home ater giving us a conditional letter lender backed out, can escrow be refunded

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Florida on
Answered on Apr 3, 2017

Typically, the issue of whether you get a refund has to do with your contract with the seller and not necessarily with the lender. Whether you can get a refund will be dependent upon the wording of your contract. I suggest that you need to meet with a real estate attorney to get an evaluation after he or she reads your contract. I cannot venture a guess without reading the document.
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