Arbitration / Mediation Law Questions & Answers by State
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Arbitration / Mediation Law Questions & Answers
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.
Q: Qdro because of divorce. Ex won't provide account info. It's been 8 yrs he's been collecting interest...
1 Answer
| Asked
in
Contracts, Divorce and Arbitration / Mediation Law
for
New York
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
Q: What happens to things after someone passes?
1 Answer
| Asked
in
Criminal Law, Divorce, Arbitration / Mediation Law and Intellectual Property
for
Texas
on
Answered on Apr 12, 2018
Answered on Apr 12, 2018
Grant St Julian III's answer
Call a local probate attorney in your area. I do not practice in this area of law, but if you call my office, I can provide contact information of some attorneys who can help you. Good luck.
Call a local probate attorney in your area. I do not practice in this area of law, but if you call my office, I can provide contact information of some attorneys who can help you. Good luck.
Q: My ex husband has let a vehicle get repo that was in our final decree for me. What can I do??
1 Answer
| Asked
in
Divorce, Family Law and Arbitration / Mediation Law
for
Georgia
on
Answered on Apr 12, 2018
Answered on Apr 12, 2018
Ellaretha Coleman's answer
If he was responsible for paying for the vehicle, you may have an action for contempt against him if he failed to fulfill that obligation.
If he was responsible for paying for the vehicle, you may have an action for contempt against him if he failed to fulfill that obligation.
Q: I have a potential dispute with an water equipment distributor.
2 Answers
| Asked
in
Arbitration / Mediation Law, Business Law and Civil Litigation
for
Virginia
on
Answered on Mar 12, 2018
Answered on Mar 12, 2018
Timothy R Johnson's answer
At face value, it sounds like you might have some valid claims. But the only way to find out with some real certainty and fully assess your legal options is to consult a business/commercial litigation attorney. Attorneys need to review all the pertinent documents, correspondences, marketing materials, and your own version of events to assess the strength of your case and what issues might be involved. I strongly encourage you to contact a local business/commercial attorney.
At face value, it sounds like you might have some valid claims. But the only way to find out with some real certainty and fully assess your legal options is to consult a business/commercial litigation attorney. Attorneys need to review all the pertinent documents, correspondences, marketing materials, and your own version of events to assess the strength of your case and what issues might be involved. I strongly encourage you to contact a local business/commercial attorney.
Q: How to meet my child? I got divorce 6 years back and now I came back to US. They are residing in NJ. I am in IL.
1 Answer
| Asked
in
Arbitration / Mediation Law, Child Custody and Family Law
for
New Jersey
on
Answered on Mar 8, 2018
Answered on Mar 8, 2018
Bari Weinberger's answer
Thank you for your question.
I understand your concerns relating to visitation of your child. Since you are back in the US, it would be wise to file a motion to develop a parenting time schedule for the child. Based on a number of factors, parenting time will likely occur, however, there may be a need for a gradual reintroduction period to your child. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.
I...
Thank you for your question.
I understand your concerns relating to visitation of your child. Since you are back in the US, it would be wise to file a motion to develop a parenting time schedule for the child. Based on a number of factors, parenting time will likely occur, however, there may be a need for a gradual reintroduction period to your child. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.
I...
Q: If a bank foreclosed on my home, can the bank hold a friend of mine (who house sits for me) liable for the loan?
1 Answer
| Asked
in
Banking, Real Estate Law, Foreclosure and Arbitration / Mediation Law
for
Alabama
on
Answered on Mar 7, 2018
Answered on Mar 7, 2018
Rafael Gil III's answer
No, she cannot be held liable for the loan unless she executed a loan with her name on it.....your friend is safe!!
No, she cannot be held liable for the loan unless she executed a loan with her name on it.....your friend is safe!!
Q: What could I do with the proof I have that my husband is cheating before the divorce is final?
1 Answer
| Asked
in
Arbitration / Mediation Law, Child Custody, Divorce and Family Law
for
Georgia
on
Answered on Mar 5, 2018
Answered on Mar 5, 2018
Regina Irene Edwards' answer
It probably does not matter that your husband is cheating. Most judges grant divorces on no fault grounds, so proving infidelity often does not change the outcome.
It probably does not matter that your husband is cheating. Most judges grant divorces on no fault grounds, so proving infidelity often does not change the outcome.
Q: Does arbitration make your case go faster? I was in a car accident.
Steve McCann's answer
It certainly could make the case go faster if the parties are able to reach an agreement in arbitration, otherwise it may delay the case. Your attorney would be in the best position to answer whether or not an arbitration would be beneficial to your case, so I suggest you as him or her. If you do not have an attorney, you absolutely should hire one immediately. Many of us offer free consultations, and will represent you on a contingent basis, so it will not cost you anything out of pocket to...
It certainly could make the case go faster if the parties are able to reach an agreement in arbitration, otherwise it may delay the case. Your attorney would be in the best position to answer whether or not an arbitration would be beneficial to your case, so I suggest you as him or her. If you do not have an attorney, you absolutely should hire one immediately. Many of us offer free consultations, and will represent you on a contingent basis, so it will not cost you anything out of pocket to...
Q: If your case goes to arbitration do you have to file a brief?
Terrence H Thorgaard's answer
It depends on what kind of case it is and how it was referred to arbitration. You should get instructions for the arbitration from the referring court or from the arbitrator. Such instructions should provided for briefing, among other things.
It depends on what kind of case it is and how it was referred to arbitration. You should get instructions for the arbitration from the referring court or from the arbitrator. Such instructions should provided for briefing, among other things.
Q: Our Contract says that if any dispute it goes to Arbitration. Despite written requests customer continues to go legal
2 Answers
| Asked
in
Arbitration / Mediation Law and Contracts
for
California
on
Answered on Feb 27, 2018
Answered on Feb 27, 2018
Gerald Barry Dorfman's answer
It is not possible to be specific without seeing the actual contract terms. Generally, arbitration clauses only govern the filing of an action, not pre-filing communications or actions. If the other party files a court action, you can compel arbitration, or you can initiate arbitration yourself right now.
It is not possible to be specific without seeing the actual contract terms. Generally, arbitration clauses only govern the filing of an action, not pre-filing communications or actions. If the other party files a court action, you can compel arbitration, or you can initiate arbitration yourself right now.
Q: We purchased a flipped home that we were made to believe was in good condition it is not
1 Answer
| Asked
in
Real Estate Law, Arbitration / Mediation Law and Construction Law
for
Virginia
on
Answered on Feb 25, 2018
Answered on Feb 25, 2018
Richard Sternberg's answer
Sounds like you need a lawyer to evaluate whether you have a claim for treble damages plus attorneys fees and costs.
Sounds like you need a lawyer to evaluate whether you have a claim for treble damages plus attorneys fees and costs.
Q: plaintiff falsified a 60 day notice to defendants,using a property management company(owner of the company had no idea)
1 Answer
| Asked
in
Civil Litigation, Arbitration / Mediation Law, Civil Rights and Landlord - Tenant
for
California
on
Answered on Feb 22, 2018
Answered on Feb 22, 2018
N. Munro Merrick's answer
1. The date that the proof of service is filed is not important. The date that the service took place is.
2. A property manager may serve legal documents on a tenant. There are several ways that documents may be served. All of the tenants -- those on the lease, as well as the other occupants, would have to be served in some manner.
3. Did you receive a copy of the complaint, whatever the means? If so, I think it would be a good idea to answer it before the landlord...
1. The date that the proof of service is filed is not important. The date that the service took place is.
2. A property manager may serve legal documents on a tenant. There are several ways that documents may be served. All of the tenants -- those on the lease, as well as the other occupants, would have to be served in some manner.
3. Did you receive a copy of the complaint, whatever the means? If so, I think it would be a good idea to answer it before the landlord...
Q: In Santa Barbara, CA can my roommate charge me more for a smaller room than he pays? I’m not on the lease.
1 Answer
| Asked
in
Contracts, Arbitration / Mediation Law, Landlord - Tenant and Small Claims
for
California
on
Answered on Feb 22, 2018
Answered on Feb 22, 2018
N. Munro Merrick's answer
You say you are not on the lease, that is, you have no agreement with the landlord. If he is subletting to you without the landlord's consent, he is probably in violation of his lease and subject to immediate eviction, in which case you would also be evicted..
Assuming he gets his landlord's consent to sublet to you, what you pay him is determined by negotiations between you two. As far as you are concerned, it is his house to do with as he pleases. If you are unhappy with your room,...
You say you are not on the lease, that is, you have no agreement with the landlord. If he is subletting to you without the landlord's consent, he is probably in violation of his lease and subject to immediate eviction, in which case you would also be evicted..
Assuming he gets his landlord's consent to sublet to you, what you pay him is determined by negotiations between you two. As far as you are concerned, it is his house to do with as he pleases. If you are unhappy with your room,...
Q: Are mediators judges?
Terrence H Thorgaard's answer
No, they're not judges.
A mediation is a process by which resolution of a lawsuit is attempted to be resolved without the court (judge) making the decision. The parties (plaintiff and defendant) meet with the mediator who attempts to get the parties to agree. If the mediation fails, the case goes back to the judge for decision.
No, they're not judges.
A mediation is a process by which resolution of a lawsuit is attempted to be resolved without the court (judge) making the decision. The parties (plaintiff and defendant) meet with the mediator who attempts to get the parties to agree. If the mediation fails, the case goes back to the judge for decision.
Q: Can I get the seller of the house to pay for my mediation fees for non-disclosure, fraud?
N. Munro Merrick's answer
If you and the seller signed a purchase contract such as the one provided by the California real estate department, there are specific provisions relating to representations by the Seller, who pays for damages to the property, etc. If the Seller knew of the leaks and did not disclose them, and especially if he warranted that there were no leaks, he is liable to you for the damage he caused you. If you had no written contract, you can sue and rely on the judge believing you and not the Seller....
If you and the seller signed a purchase contract such as the one provided by the California real estate department, there are specific provisions relating to representations by the Seller, who pays for damages to the property, etc. If the Seller knew of the leaks and did not disclose them, and especially if he warranted that there were no leaks, he is liable to you for the damage he caused you. If you had no written contract, you can sue and rely on the judge believing you and not the Seller....
Q: husband refusing to sign divorce papers after being separated for three years.
1 Answer
| Asked
in
Arbitration / Mediation Law, Divorce and Family Law
for
Pennsylvania
on
Answered on Feb 9, 2018
Answered on Feb 9, 2018
Kathryn Hilbush's answer
It depends. Sometimes the counties will go through old files that have been inactive for a long time and send a notice that the cases are being terminated. If your lawyer hasn't actually officially withdrawn from the case, though, the notice will likely go to that office instead of you. Check with your local legal assistance office. They may not be able to handle your case but they often have workshops for people trying to get through these on their own. You do't need your husband's consent for...
It depends. Sometimes the counties will go through old files that have been inactive for a long time and send a notice that the cases are being terminated. If your lawyer hasn't actually officially withdrawn from the case, though, the notice will likely go to that office instead of you. Check with your local legal assistance office. They may not be able to handle your case but they often have workshops for people trying to get through these on their own. You do't need your husband's consent for...
Q: Can I become the administrator of my father's estate even tho he has been deceased for ten yrs
1 Answer
| Asked
in
Estate Planning, Family Law, Arbitration / Mediation Law and Probate
for
Texas
on
Answered on Feb 7, 2018
Answered on Feb 7, 2018
Terry Lynn Garrett's answer
In Texas an administration is assumed to be finished after two years. Rather than petitioning to replace your deceased sibling, you may need to "re-open" the administration. In addition, as of September 1, 2017 an heir or group of heirs of at least 20% can petition to partition land. Please see a local probate lawyer.
In Texas an administration is assumed to be finished after two years. Rather than petitioning to replace your deceased sibling, you may need to "re-open" the administration. In addition, as of September 1, 2017 an heir or group of heirs of at least 20% can petition to partition land. Please see a local probate lawyer.
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