Arbitration / Mediation Law Questions & Answers by State
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Arbitration / Mediation Law Questions & Answers
Q: Can an arbitrator deny a witness
Timur Akpinar's answer
Yes. Although arbitrators can follow the same rules of civil procedure and evidence observed in federal or state court, they generally have more leeway, based on the size and scope of the matter. The guidelines they follow generally tend to be less formal than traditional court rules. This is as a general matter. A Wisconsin attorney familiar with the particular arbitration forum could offer more specific guidance.
Tim Akpinar
Yes. Although arbitrators can follow the same rules of civil procedure and evidence observed in federal or state court, they generally have more leeway, based on the size and scope of the matter. The guidelines they follow generally tend to be less formal than traditional court rules. This is as a general matter. A Wisconsin attorney familiar with the particular arbitration forum could offer more specific guidance.
Tim Akpinar
Q: Dell sold me a 5k defective laptop and downgraded its hardware, can I get around their mandatory arbitration agreement?
1 Answer
| Asked
in
Arbitration / Mediation Law, Contracts, Consumer Law and Lemon Law
for
New York
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
IMPO, the arbitration clause in the contract is valid regardless of how bad the laptop was when Dell sold it to you--or how many terrible things Dell has done since--or how much proof you have against Dell.
IMPO, the arbitration clause in the contract is valid regardless of how bad the laptop was when Dell sold it to you--or how many terrible things Dell has done since--or how much proof you have against Dell.
Q: Would small claims court in my county or arbitration be a winning solution for me?
1 Answer
| Asked
in
Arbitration / Mediation Law and Car Accidents
for
Illinois
on
Answered on Apr 12, 2019
Answered on Apr 12, 2019
Timur Akpinar's answer
It could depend on the amount of damages at hand and the respective limits of each. Many attorneys provide free initial consultations in accident-related claims. A quick consult might help in the decision of which route to pursue.
Tim Akpinar
It could depend on the amount of damages at hand and the respective limits of each. Many attorneys provide free initial consultations in accident-related claims. A quick consult might help in the decision of which route to pursue.
Tim Akpinar
Q: Can I file a motion to compel arbitration after the plaintiff has sent a request for discovery? Re: debt collection
1 Answer
| Asked
in
Arbitration / Mediation Law and Collections
for
Kansas
on
Answered on Mar 29, 2019
Answered on Mar 29, 2019
Thomas A. Grossman's answer
Probably. But you will probably need to coordinate the timing with the Court. You also must be in a Court that allows you to compel an arbitration hearing, or have a contract that has an arbitration clause in it.. Since I don't know what documents are involved (e.g. is there a contract with an arbitration clause in it). That's the best I can do.
Probably. But you will probably need to coordinate the timing with the Court. You also must be in a Court that allows you to compel an arbitration hearing, or have a contract that has an arbitration clause in it.. Since I don't know what documents are involved (e.g. is there a contract with an arbitration clause in it). That's the best I can do.
Q: I filed for a default judgement and was denied now it says demurrer motion to strike (twice) on minutes
1 Answer
| Asked
in
Arbitration / Mediation Law, Civil Litigation and Insurance Bad Faith
for
California
on
Answered on Mar 23, 2019
Answered on Mar 23, 2019
William John Light's answer
If the Default was entered, the Defendants couldn't file a Demurrer/Motion to Strike. I doubt that the Default was entered. You will probably need to Oppose the Demurrer/Motion to Strike.
If the Default was entered, the Defendants couldn't file a Demurrer/Motion to Strike. I doubt that the Default was entered. You will probably need to Oppose the Demurrer/Motion to Strike.
Q: In PA, can a non-custodial parent seek partial custody post divorce?
2 Answers
| Asked
in
Arbitration / Mediation Law, Child Custody, Divorce and Family Law
for
Pennsylvania
on
Answered on Mar 20, 2019
Answered on Mar 20, 2019
Q: Should I accept a $2k settlement or proceed to arbitration in a substandard bathroom remodel complaint against Lowe’s?
2 Answers
| Asked
in
Arbitration / Mediation Law, Consumer Law and Small Claims
for
Kentucky
on
Answered on Mar 17, 2019
Answered on Mar 17, 2019
Q: Can you send a family member to represent you in arbitration court?
Thomas A. Grossman's answer
Only if the family member is part of the claim or lawsuit. I don't know which court you are talking about, but you don't have to hire a lawyer to represent you in an arbitration proceeding. Of course, it is better to have a lawyer with you. If you are not part of the claim or lawsuit, then the Court may or may not allow you speak at the Arbitration hearing. Usually only the parties to the lawsuit can appear in Court.
Only if the family member is part of the claim or lawsuit. I don't know which court you are talking about, but you don't have to hire a lawyer to represent you in an arbitration proceeding. Of course, it is better to have a lawyer with you. If you are not part of the claim or lawsuit, then the Court may or may not allow you speak at the Arbitration hearing. Usually only the parties to the lawsuit can appear in Court.
Q: in krs 355.2-309 absence of specific time provisions.. What is considered reasonable time? 1,2 4 weeks? 30 days?
1 Answer
| Asked
in
Contracts, Criminal Law, Admiralty / Maritime and Arbitration / Mediation Law
for
Kentucky
on
Answered on Feb 23, 2019
Answered on Feb 23, 2019
Timothy Denison's answer
Reasonable I’d determined the the facts and circumstances surrounding the issue. It could be 30, 60, even 90 days. Bottom line, if you refund the money, they will likely dismiss the charge.
Reasonable I’d determined the the facts and circumstances surrounding the issue. It could be 30, 60, even 90 days. Bottom line, if you refund the money, they will likely dismiss the charge.
Q: What are my options agianst a teacher for bullying my child an nothing being done about it
1 Answer
| Asked
in
Family Law, Arbitration / Mediation Law and Civil Rights
for
Mississippi
on
Answered on Feb 17, 2019
Answered on Feb 17, 2019
Arthur Calderon's answer
This is horrible! Feel free to reach out to any attorney on here by clicking the contact information next to their name. That being said, because you are talking about a school, there are some very strict rules that you need to following order to preserve any claim.
This is horrible! Feel free to reach out to any attorney on here by clicking the contact information next to their name. That being said, because you are talking about a school, there are some very strict rules that you need to following order to preserve any claim.
Q: Why would a prosecutor ask for records to be sealed in a criminal drug case?
1 Answer
| Asked
in
Criminal Law and Arbitration / Mediation Law
for
Indiana
on
Answered on Feb 16, 2019
Answered on Feb 16, 2019
Q: I was given a warranty deed but I'm confused if it is only for the real estate or is personal property included?
1 Answer
| Asked
in
Real Estate Law, Arbitration / Mediation Law and Business Law
for
Texas
on
Answered on Feb 12, 2019
Answered on Feb 12, 2019
Thomas A. Grossman's answer
A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than California law. I would find a Probate lawyer and they will tell you much more than I can. Good Luck.
A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than California law. I would find a Probate lawyer and they will tell you much more than I can. Good Luck.
Q: How do you file for more time to retain a lawyer if your spouse has filed for divorce? Judge gave 2 wks. I work FT!HELP
4 Answers
| Asked
in
Arbitration / Mediation Law, Child Custody, Divorce and Family Law
for
Georgia
on
Answered on Feb 2, 2019
Answered on Feb 2, 2019
Kim Ebert's answer
Contact a competent attorney today and let your attorney deal with the Court forevermore ;)
Otherwise, contact the Court. You’ll find yhe sooner you retain an attorney the sooner the plane has a pilot.
Contact a competent attorney today and let your attorney deal with the Court forevermore ;)
Otherwise, contact the Court. You’ll find yhe sooner you retain an attorney the sooner the plane has a pilot.
Q: I'm searching for a NC attorney who can review a financial services consulting agreement.
1 Answer
| Asked
in
Employment Law, Arbitration / Mediation Law and Securities Law
for
North Carolina
on
Answered on Jan 25, 2019
Answered on Jan 25, 2019
Timur Akpinar's answer
You could contact the North Carolina Bar Association for assistance. They have an attorney referral service.
Tim Akpinar
You could contact the North Carolina Bar Association for assistance. They have an attorney referral service.
Tim Akpinar
Q: Can I legally perform mediation for divorce from my husband if both of us agree on the terms?
Ali Shahrestani, Esq.'s answer
Mediation involves a 3rd party neutral professional. It seems you're considering a marital settlement agreement via negotiations with the dad. Child custody orders, including child support, should be issued by a Court to be legally valid. See: https://www.mass.gov/info-details/massachusetts-law-about-child-custody-and-parenting-time. You may be wise to have a lawyer handle these negotiations, draft a proposed settlement agreement, and file it in Court seeking an Order on the agreed terms. This...
Mediation involves a 3rd party neutral professional. It seems you're considering a marital settlement agreement via negotiations with the dad. Child custody orders, including child support, should be issued by a Court to be legally valid. See: https://www.mass.gov/info-details/massachusetts-law-about-child-custody-and-parenting-time. You may be wise to have a lawyer handle these negotiations, draft a proposed settlement agreement, and file it in Court seeking an Order on the agreed terms. This...
Q: I need representation for probate of my mother's estate. I need someone who deals with special needs trusts
1 Answer
| Asked
in
Estate Planning, Arbitration / Mediation Law, Civil Rights and Social Security
for
Maryland
on
Answered on Jan 24, 2019
Answered on Jan 24, 2019
Mark Oakley's answer
Try to find a lawyer in the jurisdiction where the estate is filed, for convenience. Most estate lawyers understand special needs trusts. You cannot solicit (and attorneys cannot solicit) business on this site per the site rules. You can, however, call lawyers who answer questions on this site, and discuss your case, or use the search function for locating a lawyer in your area to call. Then you can make arrangements to meet with and hire a lawyer.
Try to find a lawyer in the jurisdiction where the estate is filed, for convenience. Most estate lawyers understand special needs trusts. You cannot solicit (and attorneys cannot solicit) business on this site per the site rules. You can, however, call lawyers who answer questions on this site, and discuss your case, or use the search function for locating a lawyer in your area to call. Then you can make arrangements to meet with and hire a lawyer.
Q: Which would be better for me... I truly can’t afford a lawyer but I want to see my child. mediation or other?
2 Answers
| Asked
in
Arbitration / Mediation Law and Child Custody
for
North Carolina
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Kelli Y Allen's answer
Mediation can be very effective. I recommend trying mediation as early in the process as possible, as you can save a lot of time and money if it works. You don't indicate whether there has been a court filing yet, but if so, the judge will actually order mediation. If a court case has not been filed, mediation may prevent the need for attorneys and it keeps the decision-making between the parties rather than turning that over to a judge.
Mediation can be very effective. I recommend trying mediation as early in the process as possible, as you can save a lot of time and money if it works. You don't indicate whether there has been a court filing yet, but if so, the judge will actually order mediation. If a court case has not been filed, mediation may prevent the need for attorneys and it keeps the decision-making between the parties rather than turning that over to a judge.
Q: How can A company enforce a mutual binding arbitration agreement, If I was terminated two days prior to signing the form
1 Answer
| Asked
in
Arbitration / Mediation Law and Civil Litigation
for
Colorado
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
Donald C Eby's answer
If you have not agreed to an arbitration agreement the company will not be able to compel arbitration.
If you have not agreed to an arbitration agreement the company will not be able to compel arbitration.
Q: I have a deceased Father that I just learned about through DNA. The family is not forthcoming in any information .
1 Answer
| Asked
in
Arbitration / Mediation Law and Estate Planning
for
Indiana
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
James Whitney's answer
I can relate as I found my biological father through a combination of DNA and paper trail research long after he had deceased.
Unfortunately, those in our situation have no legal rights as heirs or children without initiating steps to solidify our status as a child of the father we found.
For my part, I filed a petition in court for a name change to include my biological father's name in my name. Thus, my name now, by court order, is Arthur James Wilcox Whitney. This has...
I can relate as I found my biological father through a combination of DNA and paper trail research long after he had deceased.
Unfortunately, those in our situation have no legal rights as heirs or children without initiating steps to solidify our status as a child of the father we found.
For my part, I filed a petition in court for a name change to include my biological father's name in my name. Thus, my name now, by court order, is Arthur James Wilcox Whitney. This has...
Q: Ownership dispute with previous roommate
Thomas A. Grossman's answer
Most people become very attached to their pets. Since you paid the fees and "adopted" the dog, you should have some rights to at least visit the dog. It would be easier to work out a solution if both of you could come up with a plan for sharing the dog. If she absolutely refuses to let you see the dog, you could take the matter to small claims court. If you do, be sure to bring all the papers with you. Good Luck.
Most people become very attached to their pets. Since you paid the fees and "adopted" the dog, you should have some rights to at least visit the dog. It would be easier to work out a solution if both of you could come up with a plan for sharing the dog. If she absolutely refuses to let you see the dog, you could take the matter to small claims court. If you do, be sure to bring all the papers with you. Good Luck.
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