Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
I'm involved in a small claims case where the defendant and I have agreed to settle through mediation scheduled for April 3rd, 2025. I'm seeking legal representation for the mediation process. Can you advise on how to find a suitable lawyer?

answered on Mar 18, 2025
A Florida attorney could advise best, but your question remains open for over a week, and April 3rd is right around the corner. You've probably already been searching on your own by now. You could supplement your efforts with the "Find a Lawyer" tab above or the attorney referral... View More
My wife and I are considering a mediated, amicable divorce, but we will be moving from Arizona to Utah this summer, possibly in August. We have been Arizona residents since 2023 and have two children, ages 9 and 5, with plans for 50/50 custody. We are deciding whether to file for divorce in Arizona... View More

answered on Mar 17, 2025
One of the requirements for filing in Arizona is that at least one of the spouses must be domiciled in Arizona for 90 days. That means you must have lived here for the 90 days prior to filing for divorce with the intent to remain here. You indicate, "We wish to file for divorce soon after... View More
I have a fixed-price construction contract in Florida for a $78K renovation. We signed it several months ago, and permits were just obtained three weeks ago. Now, the contractor demands an additional $22K due to increased subcontractor costs and refuses to proceed unless I agree, despite the... View More

answered on Mar 13, 2025
1. Does the contractor’s refusal to proceed at the fixed price constitute a material breach under Florida law? It may, as you mentioned the price is fixed. However, the contract may contain exclusions or exceptions. The terms of the contract would have to be reviewed.
2. What... View More
I am representing myself in arbitration for a medical malpractice case and recently received a report from a medical expert that supports my claim of negligence. Initially, there has been no communication or settlement offers from the opposing party. I have set a monetary figure for the settlement... View More

answered on Mar 14, 2025
Before the conference, you can attempt settlement, but you must be careful not to start too high or end up too low before the conference.
Also, you must have all your legal and factual allegations together. For example, punitive damages are very rare and you should make certain there is a... View More
I have a parenting plan with my ex where we share 50/50 custody. My ex recently informed me that he plans to move 3-4 hours away with our child, and I'm not comfortable with that decision. Our parenting plan doesn't mention relocation. What steps can I take legally to address this... View More

answered on Mar 13, 2025
There is a law that prohibits relocation more than 50 miles, Statute 61.13001
Here is the link:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13001.html
Speak with a local family lawyer for more specific advice.
I am involved in a child support and custody case. The other party has not followed prior court orders and has failed to serve me. There are currently no court dates scheduled, and I would like to know if mediation is mandatory in this situation, or if I can move directly to seeking legal... View More

answered on Mar 10, 2025
mandatory mediation is scheduled once a party files a Request for Order for custody/visitation. If no such motion has been filed, no hearings are pending, and you have not been sent an order from the court regarding mediation, then you are not required to go to mediation or set one up.
I had an attorney who provided services for me in San Francisco federal court under Pro Hac Vice. His law firm, based in NYC, requested and received a $150,000 trial retainer, but the trial never took place. Now, they're suing me for approximately $100,000 more in the New York City Supreme... View More

answered on Mar 10, 2025
You may want to consider reviewing the retainer and other possible documents with an attorney experienced in such matters - most attorneys will want to see your paperwork before advising meaningfully. More fundamental than your dispute about the number of hours (or a debate about the reasonableness... View More
I was ordered to mediation with my ex regarding custody of our son within 30 days from 01/24/25, and both of us were required to file financial affidavits. I submitted my affidavit on 02/17, but my ex has not filed his yet and hasn't been in contact with our son since 2023 after moving to... View More

answered on Mar 5, 2025
If there is a court order to mediate and it is scheduled then you should appear. Tell the mediator that you cannot move forward without his financial affidavit. You can also fie a motion to compel his financial affidavit. If the facts are as you say then the court should rule in your favor... View More
I am currently going through a divorce, and my spouse and I initially agreed and signed a child support addendum. However, the amount in the addendum didn't match the worksheet, and now my spouse is refusing to sign the corrected version. We submitted the addendum previously, and we are... View More

answered on Mar 3, 2025
If all the necessary paperwork is not signed then you simply no longer have an uncontested divorce. Therefore, at some point you will have a trial. Then the court will decide. But if someone refuses to sign a document that is required for an uncontested divorce, you cannot force them to sign.... View More
I have been working as a supervisor at a health corporate for 9 years. Despite consistently receiving high appraisals (3/3 every year) and effectively managing work with our 50 hospitals, I am being denied promotion. My peers have been promoted to Manager positions, but I have not received a... View More

answered on Feb 28, 2025
Your next steps should be to prepare a chronology of events supported by documentary evidence.
Next, you should review it with a lawyer to confirm you have enough evidence to establish a good faith claim, then you prepare a complaint to HR about the discrimination - hopefully reviewed by a... View More
I have a workers' compensation case that has been ongoing for over 10 years. Neither side seems to be pushing it to completion, and I don't understand why the arbitrator hasn't pursued trial or settlement. I've reached MMI several years ago, continue to see doctors due to... View More

answered on Feb 26, 2025
You talk about "ongoing injuries" and the need for "more surgeries." Are these ongoing injuries also work injuries, even if they are unrelated to the open worker's compensation claim? Many employers prefer to settle all open claims at once. Nothing in law or medicine... View More
I found emails between my ex-husband and his attorney where they conspired to keep me unaware of court dates, acting surprised when I attended. On the final court date, which I found through an online search, I agreed in desperation to a $60,000 settlement due to financial constraints. My... View More

answered on Feb 26, 2025
You can pursue a bill of review if you can prove that your failure to appear or answer was the result of extrinsic fraud or official mistake without any negligence on your part and the time to pursue other remedies (like a motion to set aside the default judgment) elapsed before you first acquired... View More
I had an informal visitation agreement where I spent time with my daughter every Friday through Tuesday for over a year until January 20th. My ex stopped my visitations after I got a new girlfriend, fearing I would introduce our daughter to her, even though there is no safety threat. There are no... View More

answered on Feb 21, 2025
It's not too late. You can write up the motion, state on it that this motion will be heard on March 14, 2025 at which time this matter is already on the calendar, include at the back of the motion a Certificate of Service stating that you served this motion upon your ex by U.S. Mail on such... View More
I am seeking a pro bono family law lawyer to assist me with a child custody case. The father currently has full custody of our children, while I have reasonable visitation rights. However, he has kept the kids from me for almost a year and is now attempting to retain full custody and move out of... View More

answered on Feb 21, 2025
You are not alone. Millions of Californians seek free legal representation. Many in worse situations than yours. There are agencies like Legal Aid, but their funding simply cannot provide legal representation for everyone in need. Attorneys do strive to provide pro bono services more than most... View More
I recently let my lawyer go because I felt she wasn't representing me properly; however, she is still representing my sister. After this, I attended court with my sister, and I found out that my former lawyer had contacted the insurance agent about what was said in court. I feel this may have... View More

answered on Feb 14, 2025
What was said in court was a public record. A "feeling" that communication with an agent/adjuster may have adversely affected your settlement is not nearly enough. You need evidence that you were harmed. What was said in court may have affected your settlement, but the attorney... View More
I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

answered on Feb 13, 2025
While not required, it's strongly advisable to hire a lawyer in this situation. I am happy to discuss this matter with you further, in private, if you wish to contact me on the phone. It's probably best not to discuss your case further in a public forum while the case is pending... View More
I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

answered on Feb 13, 2025
Yes, you should retain an attorney right away. Mediation in a hit-and-run case involving the death of your son is a serious legal matter, and the driver's insurance company will likely have legal representation to protect their interests. An attorney can advocate for you, ensure you receive... View More
I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

answered on Feb 14, 2025
You don't have to but you really should. Most personal injury attorneys will take your case on a contingency basis, meaning you don't pay them anything and they only get paid if they win. The insurance companies don't want you to get an attorney because they do much better going... View More
I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More

answered on Feb 13, 2025
It sounds like you have a very serious and potential high value case. You don't know the worth of the case, including how any defenses may effect that worth. You don't know what you don't know. The short answer is yes, you can go without an attorney. The question you should be... View More
I know I could have beaten them in court had I known. Can I file the motion myself, and is there a form online that I can use as a guide or a fillable PDF form I can download?

answered on Feb 12, 2025
To an extent, all depends on the amount in controversy (or the amount of the judgment), however, something so important as this one should really have an attorney handle this. In addition to the substance (the petition to annul), there's also the procedure and time deadlines out there in... View More
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