Arbitration / Mediation Law Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Arbitration / Mediation Law Questions & Answers
Q: What should I do if I'm upset about the outcome of a mediation between my ex-husband and me?
Thomas A. Grossman's answer
That depends on the outcome of the mediation. If it was a binding mediation (one where the parties come to a binding written agreement), then there may be nothing you can do, if you agreed to and signed the settlement papers. However, most mediations simply end if the parties cannot agree on a resolution. In that event, you can try another mediation, perhaps with another mediator, or you must proceed through the courts.
That depends on the outcome of the mediation. If it was a binding mediation (one where the parties come to a binding written agreement), then there may be nothing you can do, if you agreed to and signed the settlement papers. However, most mediations simply end if the parties cannot agree on a resolution. In that event, you can try another mediation, perhaps with another mediator, or you must proceed through the courts.
Q: What are the biggest drawbacks to choosing to do arbitration rather than filing a lawsuit?
Robert D. Kreisman's answer
If there is an option rather than some mandatory requirement of a contract to arbitrate, filing a lawsuit has advantages in that the process would be before a court and/or a jury. On the other hand, arbitration may be more expedient and less expensive except that it may or may not be binding and even if it is binding and you win, the defendant may not pay. If you file in court and prevail, then you have a judgment to execute which would be better in that case.
If there is an option rather than some mandatory requirement of a contract to arbitrate, filing a lawsuit has advantages in that the process would be before a court and/or a jury. On the other hand, arbitration may be more expedient and less expensive except that it may or may not be binding and even if it is binding and you win, the defendant may not pay. If you file in court and prevail, then you have a judgment to execute which would be better in that case.
Q: i recieved a dispossessory proceding, how do i dispute this?
1 Answer
| Asked
in
Arbitration / Mediation Law and Real Estate Law
for
Georgia
on
Answered on Aug 3, 2018
Answered on Aug 3, 2018
Thomas A. Grossman's answer
I assume you mean you received "Notice" of a dispossessory proceeding. I have never heard of that. I must also assume that you must attend the proceeding if you want to fight it. Since you are in Georgia, and I live in Palm Springs, California, I can't comment on Georgia law. You should contact the Court where the proceeding is to be held to find out more information on it. I assume your father should be at the hearing and testify on your behalf, although this sounds like something that...
I assume you mean you received "Notice" of a dispossessory proceeding. I have never heard of that. I must also assume that you must attend the proceeding if you want to fight it. Since you are in Georgia, and I live in Palm Springs, California, I can't comment on Georgia law. You should contact the Court where the proceeding is to be held to find out more information on it. I assume your father should be at the hearing and testify on your behalf, although this sounds like something that...
Q: .my husband caused me to be permanently disabled and collects 100% VA and SSDisability which is 5000 a
1 Answer
| Asked
in
Civil Litigation, Divorce, Arbitration / Mediation Law and Domestic Violence
for
Pennsylvania
on
Answered on Jul 31, 2018
Answered on Jul 31, 2018
Cary B. Hall's answer
If he caused you injuries, then yes - he can be criminally charged, and also sued in civil court for money damages. You may also be entitled to alimony in a divorce case as well -- it depends on all sorts of factors, most of which are monetary. It's probably worth a shot.
Best of luck to you.
If he caused you injuries, then yes - he can be criminally charged, and also sued in civil court for money damages. You may also be entitled to alimony in a divorce case as well -- it depends on all sorts of factors, most of which are monetary. It's probably worth a shot.
Best of luck to you.
Q: Hi, I've live in and owned my mobile home for the last 12 years. It is located in California. The harassment from my
1 Answer
| Asked
in
Criminal Law, Arbitration / Mediation Law and Civil Rights
for
California
on
Answered on Jul 31, 2018
Answered on Jul 31, 2018
Dale S. Gribow's answer
need more info
this is not my area of law........however if you have not had satisfaction from anyone else and the facts warrant a lawsuit, you can always go into small claims court and sue for up to $10k......and no attorneys for either side. Maybe demand $10k and when they do not pay sue in small claims.
of course, you have the burden of proof of proving damages.
i would send a letter memorializing the facts first
need more info
this is not my area of law........however if you have not had satisfaction from anyone else and the facts warrant a lawsuit, you can always go into small claims court and sue for up to $10k......and no attorneys for either side. Maybe demand $10k and when they do not pay sue in small claims.
of course, you have the burden of proof of proving damages.
i would send a letter memorializing the facts first
Q: In my divorce decree my ex husband gave me a car. He was suppose to pay off the car and sign the title over.
2 Answers
| Asked
in
Arbitration / Mediation Law, Divorce and Family Law
for
Georgia
on
Answered on Jul 29, 2018
Answered on Jul 29, 2018
Regina Irene Edwards' answer
Depending on what your decree says, you can file for contempt. However, if there is no provision that if he fails to pay off the car, and it gets repossessed, then he would owe you the value of the car, he may be in contempt, but there is no remedy. The court can't modify the order and make him pay you if that is not what the original order said. The better route would have been to file a case after he was behind and prior to the repo.
Depending on what your decree says, you can file for contempt. However, if there is no provision that if he fails to pay off the car, and it gets repossessed, then he would owe you the value of the car, he may be in contempt, but there is no remedy. The court can't modify the order and make him pay you if that is not what the original order said. The better route would have been to file a case after he was behind and prior to the repo.
Q: Can I save the SOL on my civil case when I didn't file for a stay pending outcome of the criminal case?Is it automatic
1 Answer
| Asked
in
Criminal Law, Employment Law and Arbitration / Mediation Law
for
District of Columbia
on
Answered on Jul 28, 2018
Answered on Jul 28, 2018
Thomas A. Grossman's answer
Since you filed your civil case after the criminal case had been resolved, the court could not have stayed a case (the civil case) that had not yet been filed. I believe you could have filed the civil case while the pending criminal action was going on, in which case the Court could have stayed the civil case, pending the resolution of that case. So it probably boils down to the timing. If you filed a civil case before the statute of limitations ran on that case, then you should be able to...
Since you filed your civil case after the criminal case had been resolved, the court could not have stayed a case (the civil case) that had not yet been filed. I believe you could have filed the civil case while the pending criminal action was going on, in which case the Court could have stayed the civil case, pending the resolution of that case. So it probably boils down to the timing. If you filed a civil case before the statute of limitations ran on that case, then you should be able to...
Q: Is it better to file a claim with my city's labor board and go through mediation if my employer fired me without sending
Thomas A. Grossman's answer
You can try suing your employer in Small Claims Court. It is not very expensive. I don't know the rules for Small Claims Court in Texas, but you can call a local Superior Court and they usually have a section on how to file Small Claims actions.
You can try suing your employer in Small Claims Court. It is not very expensive. I don't know the rules for Small Claims Court in Texas, but you can call a local Superior Court and they usually have a section on how to file Small Claims actions.
Q: Does having an attorney representing you during an IDHR mediation make a difference ?
1 Answer
| Asked
in
Employment Law, Arbitration / Mediation Law and Employment Discrimination
for
Illinois
on
Answered on Jul 24, 2018
Answered on Jul 24, 2018
Q: Hello. we've just purchased a house (closing was 4 days ago) and a few events make us suspect foul play from owner
Thomas A. Grossman's answer
You may be able to demand an Arbitration proceeding, but that is under California Law. California has different laws than Massachusetts. Under California laws, most real estate purchase agreements contain such clauses. I don't know what Mass. laws say. You should review the paperwork. Good Luck.
You may be able to demand an Arbitration proceeding, but that is under California Law. California has different laws than Massachusetts. Under California laws, most real estate purchase agreements contain such clauses. I don't know what Mass. laws say. You should review the paperwork. Good Luck.
Q: If I can prove that a mediator is biased toward the other party, can they be replaced with a new one?
Thomas A. Grossman's answer
Yes, although it is best for that to happen before the Mediation. Mediations, unlike Arbitrations, are not binding on the parties unless they settle with a written agreement acceptable to all parties. So, if during the mediation, it appears that the Mediator is biased, you can just end the Mediation (hopefully, without spending too much money). My answer is based on California law. I don't know Illinois law.
Yes, although it is best for that to happen before the Mediation. Mediations, unlike Arbitrations, are not binding on the parties unless they settle with a written agreement acceptable to all parties. So, if during the mediation, it appears that the Mediator is biased, you can just end the Mediation (hopefully, without spending too much money). My answer is based on California law. I don't know Illinois law.
Q: I have an interlock device installed in my car. I have finished the 6 month period. I'm planning on selling the car.
1 Answer
| Asked
in
DUI / DWI and Arbitration / Mediation Law
for
Tennessee
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
Anthony Marvin Avery's answer
You are better off first complying with all Court Sentencing requirements, then contacting the Department of Safety and complying with their requirements to obtain a Tennessee Driver's License. Putting the alcohol device on the car is expensive and you need to get your money's worth prior to driving another vehicle without it. Once you have a regular License, with or without SR-22, then trade cars.
You are better off first complying with all Court Sentencing requirements, then contacting the Department of Safety and complying with their requirements to obtain a Tennessee Driver's License. Putting the alcohol device on the car is expensive and you need to get your money's worth prior to driving another vehicle without it. Once you have a regular License, with or without SR-22, then trade cars.
Q: Wife filed for divorce (CO). wants to kick me out for emotional reasons... but we are civil, and there are no threat
1 Answer
| Asked
in
Arbitration / Mediation Law, Child Custody, Divorce and Family Law
for
Colorado
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
John Hyland Barrett III's answer
Once a divorce is filed, the court can determine whether one of you has to leave. The court's primary concern will be the welfare of the children. The court can also enter orders for the return of the children if she does not return with them. You should retain an attorney to make sure your children are protected.
Once a divorce is filed, the court can determine whether one of you has to leave. The court's primary concern will be the welfare of the children. The court can also enter orders for the return of the children if she does not return with them. You should retain an attorney to make sure your children are protected.
Q: Can an HOA force a change in mailbox/post?
2 Answers
| Asked
in
Real Estate Law and Arbitration / Mediation Law
for
California
on
Answered on Jul 16, 2018
Answered on Jul 16, 2018
N. Munro Merrick's answer
There are many unanswered questions: Do the CC&Rs say anything about mailboxes? Is it in common area, or is it on your property? What are the homeowner's responsibilities regarding common area, or, specifically, where the mailbox is located? How much are you being billed? Is it a lump sum or just added to your dues bill? Who paid for the mailbox that is there now? Has the Board provided reasons for the substitution?
You can protest the billing in a letter and also at a board...
There are many unanswered questions: Do the CC&Rs say anything about mailboxes? Is it in common area, or is it on your property? What are the homeowner's responsibilities regarding common area, or, specifically, where the mailbox is located? How much are you being billed? Is it a lump sum or just added to your dues bill? Who paid for the mailbox that is there now? Has the Board provided reasons for the substitution?
You can protest the billing in a letter and also at a board...
Q: A company in Iowa has a judgement against me. I live in Virginia. Can I be forced to dip into my retirement accounts?
Thomas A. Grossman's answer
Generally speaking, a Judgment stays valid of many years, depending on the state where the judgment was entered. And, while not every creditor who wants to execute a judgment (collect on the judgment) is willing to go to another state to do so, they have the right under the "Sister States Judgment Act" to execute the Judgment according to the procedures set forth in that state. Since I don't know each state's law on execution of judgments, I am familiar with my state's (California's) law on...
Generally speaking, a Judgment stays valid of many years, depending on the state where the judgment was entered. And, while not every creditor who wants to execute a judgment (collect on the judgment) is willing to go to another state to do so, they have the right under the "Sister States Judgment Act" to execute the Judgment according to the procedures set forth in that state. Since I don't know each state's law on execution of judgments, I am familiar with my state's (California's) law on...
Q: I won a arbitration case, the company is refusing to comply with the award.They are taking it into review? Whats next
Thomas A. Grossman's answer
I assume based on California Law that the company is asking the court to reconsider or overturn the Arbitration Ruling. It is not common for courts to overturn arbitration rulings, barring outright (extrinsic) fraud or obvious ethical violation by the Arbitrator. I think the Court may accept or deny the case for review. I don't know for sure. You will find out soon.
I assume based on California Law that the company is asking the court to reconsider or overturn the Arbitration Ruling. It is not common for courts to overturn arbitration rulings, barring outright (extrinsic) fraud or obvious ethical violation by the Arbitrator. I think the Court may accept or deny the case for review. I don't know for sure. You will find out soon.
Q: Can arbitration awards include attorneys fees?
Thomas A. Grossman's answer
It depends on the State and Court where the proceeding is pending. There are many factors that go into when attorneys fees are awarded and for how much. Since I practice law in California, I suggest that you direct this question to a New York attorney. Good Luck.
It depends on the State and Court where the proceeding is pending. There are many factors that go into when attorneys fees are awarded and for how much. Since I practice law in California, I suggest that you direct this question to a New York attorney. Good Luck.
Q: Once a court has issued a decision, can I request to arbitrate it if I don't agree with the outcome?
Thomas A. Grossman's answer
I am not sure of some things. What kind of Arbitration are we talking about? Is their a lawsuit filed? In California, where I practice, the Court will often send a case to Arbitration, but the agreement may be that the Arbitration is not binding. However, most Arbitrations are binding, as that is why they have Arbitrations (to avoid lengthy trials). Since I am not familiar with Florida Law, I cannot give you any more info, as each state has its own laws, and I don't want to give you the...
I am not sure of some things. What kind of Arbitration are we talking about? Is their a lawsuit filed? In California, where I practice, the Court will often send a case to Arbitration, but the agreement may be that the Arbitration is not binding. However, most Arbitrations are binding, as that is why they have Arbitrations (to avoid lengthy trials). Since I am not familiar with Florida Law, I cannot give you any more info, as each state has its own laws, and I don't want to give you the...
Q: If a new trailer is sold without brakes, do I, the buyer, have any recourse?
1 Answer
| Asked
in
Consumer Law, Arbitration / Mediation Law and Business Law
for
Mississippi
on
Answered on Jul 8, 2018
Answered on Jul 8, 2018
Thomas A. Grossman's answer
When you buy a trailer or any similar product, you should always do so by getting a written contract. You then need to read the contract and see what you are buying, and if it matches what you thought you were buying. If it does not, you should not sigh it. If there is no written contract, then you are stuck with what was said to you verbally. If you didn't ask specifically if the brakes were on the trailers, then it is your own fault. it is called "Caveat Emptor," which means "Buyer...
When you buy a trailer or any similar product, you should always do so by getting a written contract. You then need to read the contract and see what you are buying, and if it matches what you thought you were buying. If it does not, you should not sigh it. If there is no written contract, then you are stuck with what was said to you verbally. If you didn't ask specifically if the brakes were on the trailers, then it is your own fault. it is called "Caveat Emptor," which means "Buyer...
Q: Someone asked me to testify at an arbitration proceeding but I don't want to. Am I required by law to show up?
Thomas A. Grossman's answer
I must answer your question under California law, as I don't know Texas law. I presume that you only have to testify if you are subpoenaed to do so. If you are not subpoenaed, you can still show up if you want to. If you are subpoenaed and do not show up at the Arbitration Hearing, it is possible that you could be fined or otherwise sanctioned for not showing up. It may depend on how big the case is.
I must answer your question under California law, as I don't know Texas law. I presume that you only have to testify if you are subpoenaed to do so. If you are not subpoenaed, you can still show up if you want to. If you are subpoenaed and do not show up at the Arbitration Hearing, it is possible that you could be fined or otherwise sanctioned for not showing up. It may depend on how big the case is.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
