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Arbitration / Mediation Law Questions & Answers
4 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: An Attorney represents you in Mediation, aren't the contents/files protected from inclusion later in legal Malpractice?

If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More

James L. Arrasmith
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answered on May 18, 2024

In California, mediation confidentiality is governed by Evidence Code sections 1115 to 1128. These provisions generally protect the confidentiality of mediation communications, making them inadmissible in future legal proceedings, including legal malpractice cases.

1. Breach of...
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4 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: An Attorney represents you in Mediation, aren't the contents/files protected from inclusion later in legal Malpractice?

If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More

Isabel de la Riva
Isabel de la Riva
answered on May 20, 2024

Mediations tend to work because of the open communication they allow by the confidentiality rules. Claims and offers made during a mediation cannot be used as evidence if mediation fails. A mediator can only confirm there was a mediation but cannot be made to testify regarding facts/claims in the... View More

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1 Answer | Asked in Family Law, Criminal Law, Arbitration / Mediation Law and Probate for California on
Q: In a tenancy in common ownership with siblings. Can I legally install lock on bedroom door while away on vacation?

The house is going through probate for tenancy in common. I want to protect my possessions and assets in my bedroom from the others who have stolen my things before and damaged my possessions.

James L. Arrasmith
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answered on May 13, 2024

In California, you generally have the right to secure your personal space within a shared property, especially if you have concerns about the safety of your possessions. Installing a lock on your bedroom door in a home shared through a tenancy in common typically falls within this scope, provided... View More

1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Probate for Oregon on
Q: What do I do when I am having problems with estate issues and family members

My sister controls my mother's estate. After she passed it was oral arrangement that we all decided to go with an even spit no problem for the first 18 months but then 18 months ago my sis just stopped paying me and now refuses to pay me ever again

Tim Akpinar
Tim Akpinar
answered on May 7, 2024

An Oregon attorney could advise best, but your question remains open for two weeks. While some questions can go unanswered on this forum, you might have better chances of a response by adding the headings "Probate" and "Estate Planning." While it's possible that your matter... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for North Carolina on
Q: What can I do when my business partner refuses to provide financial statements and has substantially reduced dividend?

My mom died last year, and was 25% owner of a family shopping center. Since my mom's death, my Aunt Janet has substantially reduced the dividend she is paying me, she has claimed that my 25% is not enough for me to even have the right to see the banking records or financial statements now... View More

Tim Akpinar
Tim Akpinar
answered on May 2, 2024

A North Carolina attorney who deals with business law and business organizations (Corp, LLC, etc) could advise best, but your question remains open for five weeks. A starting point could be to reach out to law firms to review your paperwork, your business partner's actions, and outline your... View More

2 Answers | Asked in Bankruptcy, Criminal Law, Arbitration / Mediation Law and Car Accidents for Oregon on
Q: I need a very affordable bankruptcy attorney. Also, an attorney to help with a falsely accused car accident.

I’m hoping to do chapter 7 bankruptcy.

As for the accident it was the other person at fault. He rear ended me drunk and we both file a accident report. I sent all pictures to my insurance and somehow I am at fault.

James L. Arrasmith
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answered on May 1, 2024

Finding an affordable bankruptcy attorney for a Chapter 7 filing can be crucial in efficiently managing your financial situation. You may want to consider reaching out to local legal aid organizations as they often provide free or low-cost services. Additionally, contacting your state's bar... View More

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2 Answers | Asked in Bankruptcy, Criminal Law, Arbitration / Mediation Law and Car Accidents for Oregon on
Q: I need a very affordable bankruptcy attorney. Also, an attorney to help with a falsely accused car accident.

I’m hoping to do chapter 7 bankruptcy.

As for the accident it was the other person at fault. He rear ended me drunk and we both file a accident report. I sent all pictures to my insurance and somehow I am at fault.

Tim Akpinar
Tim Akpinar
answered on May 2, 2024

You could search online or check with local and state bar associations for attorneys. There is a feature above, "Find a Lawyer," which lists attorneys by region and area of practice. Despite the false accusations, from your description, it doesn't sound like you should have too much... View More

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1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: When in arbitration j.a.m.s is there two reference numbers? Does each offer or counter offer have its document?

why would a demand need amending?

When trying to settle during arbitration are numbers verbally communicated rather than on documents?

James L. Arrasmith
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answered on Apr 24, 2024

In arbitration with JAMS (Judicial Arbitration and Mediation Services), there are typically not two reference numbers. Usually, a single case number is assigned to the arbitration proceeding, which remains consistent throughout the process.

Each offer or counteroffer does not necessarily...
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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

James L. Arrasmith
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answered on Apr 20, 2024

You may indeed consider hiring an out-of-state attorney to handle your case if you're finding it difficult to locate suitable representation in California. However, it's important to ensure that the attorney is licensed to practice in California or can get permission to appear in court on... View More

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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 20, 2024

Yes your can hire an out-of-state attorney. That attorney will need to associate with a California licensed attorney. That process is called pro hac vice.

As to whether your have a valid case or not, more facts would be needed for a good analysis.

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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

Yes, you generally can. As my colleagues correctly indicate, it will involve working with local counsel on a pro hac vice basis. Keep in mind that working in this manner could complicate a case with the inclusion of an additional law firm, resulting in additional expenses. Good luck

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1 Answer | Asked in Arbitration / Mediation Law, Banking, Business Law and Civil Litigation for Washington DC on
Q: Strategic Mediation Services contacted me stating I owed this huge sum from 1999. Arbitration started 2019

Company called and said I would have to go to court if I dont pay. They had my social security number and old employment from 1999 which no longer exists.

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

A Washington, DC attorney could advise best, but your question remains open for three weeks. Before involving attorneys to review the file with you to examine legal theories that would serve as possible defenses, the first step might be to find out if some kind of mix-up resulted in the bill, given... View More

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Washington on
Q: arbitration clause in a contract worker contract

I have been under a contract (in Washington State) to do some work for a small company (sole proprietor LLC). I completed the work and send a final invoice. He is not paying because he says he just cant afford to pay it. This is not at all true. The truth is that he has lost interest in the... View More

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2024

A Washington attorney could advise best, but your question remains open for two weeks. The short answer is that arbitration clauses are binding. When parties to a contract agree to arbitration as a forum for handling disputes arising out of the matter, that means they forfeit rights to pursue... View More

2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Can a settlement agreement be considered final if 2 co-plaintiffs are on case and only 1 is present?

If a matter is sent to Arbitration with 2 Co-Plaintiffs and a Co-Plaintiff is not made aware that they are negotiating for both parties, is the matter considered settled? If the Co-Plaintiff in the case is not able to attend the Mediation, but the documents, etc. are all made to appear as if only... View More

James L. Arrasmith
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answered on Apr 13, 2024

Under California law, a settlement agreement typically requires the consent and signature of all named plaintiffs in a case. If there are two co-plaintiffs, both parties should be aware of and agree to the terms of the settlement for it to be considered final and binding.

In the situation...
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2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Can a settlement agreement be considered final if 2 co-plaintiffs are on case and only 1 is present?

If a matter is sent to Arbitration with 2 Co-Plaintiffs and a Co-Plaintiff is not made aware that they are negotiating for both parties, is the matter considered settled? If the Co-Plaintiff in the case is not able to attend the Mediation, but the documents, etc. are all made to appear as if only... View More

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2024

It hinges on California arbitration laws and the applicable forum's rules, but in some cases, it could depend on whether there was no good reason for the no show, the no-show wasn't announced to the case administrator, the case administrator's diligence in verifying missing... View More

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2 Answers | Asked in Arbitration / Mediation Law, Family Law, Legal Malpractice and Civil Litigation for Texas on
Q: I need a lawyer to represent me suing my family attroney for malpractice

My family lawyer abandoned me right before the hearing I filed a complaint with Texas Bar he is under investigation I also sued him in Distract court as pro se need a lawyer to take over the case and represent me. I have a strong case and also have a witness who witnessed my lawyer abandoned me and... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

You need to look for a competent attorney in or near the county where the hearing was held experienced in the area of legal malpractice. I often handle cases of this nature. My rate of $500 per hour is reasonable and customary in the North Texas area, and if the amount of damages caused by your... View More

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1 Answer | Asked in Arbitration / Mediation Law and Family Law for Missouri on
Q: Can I change my mind after mediation if nothing was signed?

My husband has had his son in his care for his whole life. He had filed for custody and was sent to mediation. The mediator made him feel bad for not letting his birth mom see the child. He agreed to 50/50 custody, but the mom never signed the papers

Fast forward two months she sent him... View More

Kelisen  Binder
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Kelisen Binder
answered on Apr 5, 2024

Mediation itself is typically not binding unless the parties involved reach a mutually agreed-upon settlement that is then documented in a binding agreement and submitted to the Court. One of the tenants of mediation is the understanding that the parties may speak to individual counsel after... View More

2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Is it acceptable for Attorneys to file Motion Liminie to prevent Plaintiff from exposing Arbitration Award then use it?

In a Legal Malpractice case is it acceptable for an Attorney to file a Motion Liminie preventing Plaintiff from making any reference whatsoever to any part of the Arbitration or settlement then turn around and file the Arbitration records with their Motion to Confirm Award? Isn't this a Breach... View More

James L. Arrasmith
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answered on Apr 1, 2024

In general, the use of motions in limine and the introduction of evidence in legal proceedings are governed by the rules of evidence and civil procedure in California. However, the specific circumstances you've described raise some potential issues:

1. Fairness and consistency: If an...
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2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Is it acceptable for Attorneys to file Motion Liminie to prevent Plaintiff from exposing Arbitration Award then use it?

In a Legal Malpractice case is it acceptable for an Attorney to file a Motion Liminie preventing Plaintiff from making any reference whatsoever to any part of the Arbitration or settlement then turn around and file the Arbitration records with their Motion to Confirm Award? Isn't this a Breach... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 1, 2024

It would be required to submit the award in a motion to confirm.

Motions in limine are to prevent introduction of evidence before a jury, not what is directed at the judge.

What is limited by a motion in limine is determined by what the court rules in the order on the motion.

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Q: Am I covered

I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that the buyer may have a case against you, despite the "as is" clause in the contract. Here's why:

1. Implied warranties: Even with an "as is" clause, there are implied warranties that the property is habitable and...
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