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Arbitration / Mediation Law Questions & Answers

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and White Collar Crime for Illinois on

Q: How to get phone records as evidence in a child neglect case

My grandson's father's parents are claiming neglect against my daughter and their son DCFS is involved & I am trying to collect evidence to prove that they have lied and manipulated my daughter & DCFS into not only investigating the accusations but not notifying my daughter or myself until the... Read more »

William Wolf answered on Jun 24, 2019

These are questions to address with your daughter's lawyer. Ask to make an office appointment with that person, and then make that appointment.

I have seen too many cases where well meaning parents start playing the role of defense investigator for their child. These people are all well...
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1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Legal Malpractice for Louisiana on

Q: I had a mild heart attack brought on by a proposed eviction supported the succession attorney hired by sister. recourse?

Sisters atty encouraged her to propose my eviction in order to sell my late mothers home. My understanding is that I am equal share holder in ownership & cannot be evicted. Also I’m disabled - stroke 4yrs ago. I’ve lived with my mom for 18yrs. When I received this proposed eviction, my blood... Read more »

Edward X. Clinton, Jr answered on Jun 21, 2019

I am sorry you had a heart attack, but the heart attack was not caused by the eviction or the attorney so, no, you can't sue them.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Civil Litigation and Family Law for Florida on

Q: What can be done if a parent fails to notify family court in his initial petition about prior dependency court case?

Bruce Alexander Minnick answered on Jun 21, 2019

It appears you have asked this same question before, with some added facts. Therefore I will refer you to my previous response I just posted.

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Florida on

Q: Father did not give notice of prior dependency case when filing for timesharing in family court.

Magistrate and judge gave sole custody to mother with no visits to occur in fathers home, yet because the family judge didn’t know about prior case he turned the child over to fathers custody in an ex parte order and it’s just skyrocketed and flipped young child’s life upside down. What can... Read more »

Bruce Alexander Minnick answered on Jun 21, 2019

Wow. Your situation is very unusual. Based on my personal experience, there must have been some very compelling reason why your sole custody was revoked and the child given over to their father--by an ex parte proceeding. Do not try to call the magistrate or the judge. If you think the magistrate... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Arizona on

Q: will I get 1/2 of the equity?


I am filing for divorce, we bought a house together under his name only after we had a foreclosure under my name. We were married a year after. we both have always paid 1/2 of the bills and even the down payment for the house was 1/2. we refinance and added my name 3 years ago. I do... Read more »

Mike Branum answered on Jun 20, 2019

In Arizona you are entitled to 50% of the community assets and responsible for 50% of the community debt unless you have evidence to clearly demonstrate why there should be an inequitable distribution.

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Michigan on

Q: My ex husband passed away during a search at the Wayne County clerks office they found that we are not divorced.

In the event of my husband's passing she was to sell the house and give all proceeds to his son. I'm not on the title of the house but since I am still married to him I have rights as his wife to put this in probate. She agreed and signed a contract to that effect. Since she has stated she will... Read more »

Trent Harris answered on Jun 14, 2019

First, it depends on how the property was titled, i.e. whether you are on the title too and if so, how you hold title with your deceased ex, i.e. as tenants by the entireties, joint tenants, or tenants in common. Second, it depends on how far you got in your divorce. Did you try to divorce, and... Read more »

1 Answer | Asked in Insurance Bad Faith, Arbitration / Mediation Law and Car Accidents for Virginia on

Q: What is the best course of action to take when you suffer property damage and loss of income.

The accident involved a tractor trailer and car. The car veered a considerable distance over into the tractor's lane. The insurance company is stalling and the tractor is the drivers livelihood. The claims agent said he would not send out an adjuster and after "his" investigation determined fault... Read more »

Peter N. Munsing answered on Jun 12, 2019

Not sure whose adjuster/claims agent it is. However understand if police were called the police report will be used. Also if you have collision, use that, let your company go after theirs. Most states require that property damage be settled promptly and fairly You can always file a complaint with... Read more »

2 Answers | Asked in Bankruptcy, Copyright, Arbitration / Mediation Law and Collections for Tennessee on

Q: Attempt to be served after setting up payment arrangement with creditor’s lawyers.

I have had correspondence with lawfirm who agreed to payments on a debt. Today there was a card from a lady who tried to serve me for a lawsuit. I haven’t been able to find anything about the lawsuit yet and am unsure of how i would find this. Any advice? The payments have not defaulted.

Leonard Robert Grefseng answered on Jun 6, 2019

If a lawsuit has been filed, it is a public record at the courthouse. However, it will only be filed in one county ( not all of them) and many times, the plaintiff has a choice as to which county they may elect to file in. For example, if the debt is the result of an auto accident, the plaintiff... Read more »

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2 Answers | Asked in Consumer Law, Small Claims, Contracts and Arbitration / Mediation Law for Maryland on

Q: My friend gave me money when I was on hard times and did not state it was a loan.

After months of not speaking with me the friend now wants to take me to court for money that is not a loan. Would this action fall under Title 5 Subtitle 9 5-901 Executory Contracts? The amount was 800 however the friend is stating in court that it is $1200. How do I fight this? I offered to pay... Read more »

Rolanzo Richard White answered on May 30, 2019

I'm sorry to hear about your "friend."

Your matter is pretty fact dependent, however generally, a "gift" is a voluntary transfer of property by one to another, without any consideration or compensation provided to the transferor. Thus, a gift is a gratuity. Determining whether the money...
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1 Answer | Asked in Arbitration / Mediation Law, Criminal Law and Real Estate Law for California on

Q: unfair mediation result. I was suing for quiet title ,my broker comitted title fraud.

Judge at a pretrial mediation said I would lose in court. I felt under duress to sign a mediation agreement and was pressuered by my lawyer as well. My settlement after deductions was only 110,000$ my house was woth 3.4 million.can I counter sue ?

Dale S. Gribow answered on May 29, 2019




2 Answers | Asked in Arbitration / Mediation Law, Business Law and Contracts for Washington on

Q: Hello, I was wondering if I can opt-out of an arbitration clause in a contract if there is no option to opt-out.

Bruce Alexander Minnick answered on May 29, 2019

No. If you are offered a contract that includes a term requiring arbitration in case of any disputes you can either agree to arbitrate disputes--and sign it--or disagree and not sign it.

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1 Answer | Asked in Arbitration / Mediation Law and Bankruptcy for Colorado on

Q: bankruptcy going on and am involved in an estate suing another estate mediation wants $300 what do i do

2 estates are suing each other and I am also going through bankrutcy

Timothy Denison answered on May 29, 2019

More facts are needed to discern what is your question.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for West Virginia on

Q: I bought a home 10/2018 cash, personal money. I put my g/f's name on title/deed with me. Can I have her taken off?

She has/had $0 income nor input into home.

Thomas A. Grossman answered on May 24, 2019

Unfortunately putting your girlfriend's name on a deed is like giving her a half ownership interest in the property. I don't think you can get her off of the deed unless you buy her out. Hopefully you can work it out with her, but be sure that you have a written contract drawn up showing that she... Read more »

2 Answers | Asked in Contracts, Family Law, Arbitration / Mediation Law and Small Claims for Arizona on

Q: Is it against the law to keep a work of Art & not pay for it? If so, what court would it be if it's within the family?

What statute would it fall under?

Bruce Alexander Minnick answered on May 24, 2019

Yes, obtaining "a work of art" and intentionally not paying for it is a crime--called "stealing."

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2 Answers | Asked in Arbitration / Mediation Law on

Q: Good afternoon! During which time does the judge make the decision after completion of submission of all petitions?

Thomas A. Grossman answered on May 23, 2019

It generally varies depending on the Arbitrator, how much evidence is presented, how long her/she spends analyzing the facts, how many witnesses and parties were involved in the Arbitration, etc. Expect at least a week, or longer for a complicated case.

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1 Answer | Asked in Arbitration / Mediation Law for Virginia on

Q: 7yrLTerm/carpet&repaintcharges.arbitration clause in lease. How does that work?

Arbitration keeps disappearing.

Timur Akpinar answered on May 22, 2019

As a general matter, the way arbitration clauses work is that they make it mandatory for the parties to a contract to use arbitration as a forum for adjudicating disputes that arise out of that contract. Depending on how the contract is drafted, this usually means that the parties agree to forfeit... Read more »

1 Answer | Asked in Consumer Law and Arbitration / Mediation Law for Tennessee on

Q: Does a small moving company in GA have a legal right to dispose of our possessions due to unpaid remaining balance owed?

They helped us mive from GA to TN 2 years ago. We made a partial payment to them and they moved most of our stuff. They had to go back and get a few remaining possessions and have held onto them while waiting for us to pay the remaining balance. We've had financial difficulties and have discussed... Read more »

Anthony M. Avery answered on May 16, 2019

You will need to talk to a Georgia lawyer. Most States have laws for warehouse liens, etc. After awhile, the Bailee/Landlord runs an ad in the paper, then either sell or own the stored items.

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Illinois on

Q: What happens when one parent goes back on what was agreed upon in mediation?

Mom and dad agreed to keep the temporary order in place with minor revisions during mediation. Dad's attorney drew up the parental plan based off mediation and sent it to mom's attorney. Mom's attorney came back with no plan but that her client (mom) wants residential and sole decision making on... Read more »

James G. Ahlberg answered on May 10, 2019

As a rule, nothing that happens in mediation is binding on the parties until the court enters an order saying so.

3 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Civil Litigation for Virginia on

Q: would i be responsible for closing cost if my ex is refinancing to get my name removed. not lived there for over a year

We bought a home together a year ago, and I moved out after splitting 4 months after we purchased. I signed a written agreement that was notarized I wasn't responsible for mortgage / bills after i parted ways. She is keeping the house and I want to clear my name from the deed/Note. Is she liable to... Read more »

F. Paul Maloof answered on May 5, 2019

Based on my experience, unless you are one of the parties who is the borrower of the refinancing, you are not obligated to pay for any closing costs.

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2 Answers | Asked in Arbitration / Mediation Law and Contracts for California on

Q: May a person sue a contractor in California court after his case goes through binding arbitration?

The California Contractor State Licensing Board (CSLB) arranged for the arbitration. My understanding is that the CSLB arbitration only covers violations of the California Business and Professions Code, such as poor workmanship, abandoning the project, and damage to property. If the... Read more »

Bruce Alexander Minnick answered on Apr 25, 2019

Probably not--unless you specifically preserved those issues on the record at the arbitration. And even then it may not be possible in California.

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