Arbitration / Mediation Law Questions & Answers by State

Arbitration / Mediation Law Questions & Answers

Q: If two people are getting a divorce and the husband has had an affair but the spouse has know it the entire time and now

2 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California on
Answered on Jul 24, 2017

California is a no-fault state which makes infidelity irrelevant. If the unfaithful spouse's conduct however, poses a threat to the health, safety, or welfare of the children, it may be relevant to the issue of custody.
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Q: Is there any way to appeal the results of an arbitration?

1 Answer | Asked in Arbitration / Mediation Law for California on
Answered on Jul 20, 2017

Unless your arbitration is a court arbitration, where you are allowed to demand a trial "de novo", the grounds to have an arbitration award overturned are extremely limited. You would have to go over the award and facts with a litigation attorney.
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Q: What takes place after an arbitration, and how long will it take to receive an award?

1 Answer | Asked in Arbitration / Mediation Law, Personal Injury and Small Claims for New York on
Answered on Jul 18, 2017

The arbitrator's rules should have been provided to you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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,...
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Q: Is it possible to appeal the outcome of an arbitration?

1 Answer | Asked in Arbitration / Mediation Law for California on
Answered on Jul 14, 2017

Was it binding arbitration? There might be a basis for appeal, but it depends on the reasons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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,...
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Q: Would a contract requiring arbitration in the following specific way be enforceable? Have you heard of such a practice?

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

That may be considered unconscionable language. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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...
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Q: I am divorcing my husband of 37 years, he's been given the opportunity answer discovery questions

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Michigan on
Answered on Jul 6, 2017

Since you said your husband has given false answers to discovery questions, I'd suggest you contact your attorney and ask her/him the consequences.
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Q: I went to mediation with the mother of my children came to an agreement but never signed.can I break the agreement?

2 Answers | Asked in Arbitration / Mediation Law, Child Custody and Family Law for California on
Answered on Jun 22, 2017

There is no agreement. If you didn't sign it, it's not an agreement, thus nothing to break.
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Q: What does conciliation mean in the context of arbitration?

1 Answer | Asked in Arbitration / Mediation Law for New York on
Answered on Jun 21, 2017

More context is needed. 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 Law. This answer does not...
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Q: 3 Year Case Without Mediation. Confused, please help?

1 Answer | Asked in Arbitration / Mediation Law, Employment Law and Workers' Compensation for Florida on
Answered on Jun 21, 2017

The insurance company has no obligation to settle.

If you cannot get it done or push them you can obtain new counsel who may have fresh ideas and strategies to get them to the table.
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Q: Inherented prop, paid off, 3 owners. Dispute over priv. Sale, open mkt and price for sale. Can 1/3 refuse entire sale?

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for California on
Answered on Jun 16, 2017

Yes, the one third owner can refuse to sell their share. The other two can sell their shares. Since most buyers are not interested in such transactions, you may want to file an action for partition.
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Q: I was injured 2/2013. Adjuster appvd meds, tests and 1 surgical treatment that didn't work. I need help!

1 Answer | Asked in Workers' Compensation and Arbitration / Mediation Law for Texas on
Answered on Jun 13, 2017

Surely, there is no time limit on getting MMI/IR so you can call the Division of WC and ask to have a DD appointed to perform the certifying exam to get that assigned. Good luck to you.
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Q: Do I have any options for fighting an arbitration decision if I feel that the arbitrator was biased toward the opposing

1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Answered on Jun 7, 2017

It depends. You need to gather up all of your papers and bring them to an attorney for review.
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Q: Who is required to pay the mediation fees, or is it always split 50-50?

1 Answer | Asked in Arbitration / Mediation Law for New York on
Answered on Jun 5, 2017

It depends on any related court orders and contracts. 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: I filed my complaint with California BRE in August 2016, investigation is still active n ongoing.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law, Broker Fraud and Civil Litigation for California on
Answered on Jun 1, 2017

That might serve as some evidence. Have you already filed the civil case? 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...
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Q: Is it common practice for a lawyer to set up a personal injury trial date even before a mediation hearing has happened?

3 Answers | Asked in Arbitration / Mediation Law and Personal Injury for California on
Answered on May 31, 2017

It's not clear what jurisdiction you are in, but in San Diego there is a case management conference a few months after the lawsuit is filed. At that conference, the judge will ask if the parties are interested in mediation, and, if so, require that it be completed by a certain date. The trial date is also set at that conference. Cases are not required to be mediated.

If your fee is structured in such a way that increases when the trial date is "set," that would be unusual here in San...
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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?

2 Answers | 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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