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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: I need legal guidance to enforce an arbitration decision awarded against a window company located in Pompano Bch.

The arbitrator gave the company until May 15, 2020 to complete the project and they did not. It could be due to the pandemic and they may have gone out of business and they may start up business once the economy picks up. Meanwhile this company is only taking messages when we call and they have... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 25, 2020

It wouldn't hurt to take action now, but if you wait for a few months that wouldn't hurt either.

1 Answer | Asked in Consumer Law and Arbitration / Mediation Law for Tennessee on
Q: Bought a $1700.00 mattress and within two months was defective. Can't get refund.

Both retailer & Mgfr agree defective. But we took the Law Tag off. We did not receive instructions from retailer as to Warranty nor did we receive a warranty booklet/tag upon delivery. The retailer offered 50% but rescinded after we went to TN Div of Consumer Affairs. We purchased $7,500.00... Read more »

Tim Akpinar
Tim Akpinar answered on May 24, 2020

At this point, with your post still remaining open, you could try to arrange a brief consult with a Tennessee attorney familiar with consumer law to advise you whether this would be viable to pursue, and your options under arbitration, small claims, or other venues. Unfortunately, the recent... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: I won an arbitration having to do with a contract violation, I am entitled be compensated, how do I get what I deserve.

I won the arbitration for the company having management performing union work for 6 months, and I am supposed to get compensated, the company is trying to under compensate.

Tim Akpinar
Tim Akpinar answered on May 21, 2020

An arbitration award, regardless of the practice area, will generally lay out terms and conditions (payment within a certain number of days, interest, timelines for appeal, etc.). One option is to contact an employment attorney to review the award and accompanying decision to identify what options... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Contracts for Florida on
Q: Can condo association bar missionary family members from staying in family’s home during the covid-19 pandemic?

Is it legal for condo associations in Broward County, Florida, during the COVID-19 pandemic phase 1 of reopening, to restrict a property owner from allowing their missionary family members to go to stay at their residence, for a short term of a couple weeks, as they are stuck without a home until... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 19, 2020

Florida Statute 718.1265 provides in pertinent part:

"Association emergency powers.—

(1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with the provisions of...
Read more »

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1 Answer | Asked in Arbitration / Mediation Law for Virginia on
Q: An attorney that does neighbor/ tree dispute. Is what type/ practices what? Have a tree dispute and need an attorney
Richard Maxwell Volin
Richard Maxwell Volin answered on May 19, 2020

Issues regarding trees and neighbors may fall under "Real Estate Law," "Real Estate Litigation," "Property Line Disputes," or even generally "Civil Litigation," depending on how a particular law firm may categorize or organize their practice areas. You may... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Divorce and Estate Planning for Illinois on
Q: My wife divorced me in secret I still have got no notice of any part of a divorce. Is this legal
Daniel J. Kollias
Daniel J. Kollias answered on May 12, 2020

If it's a secret about which you have no notice, how do you know about it? Having said that, if you truly haven't received any notice, then you can file a motion to vacate any judgment that has been entered against you. I recommend contacting a divorce lawyer who practices in the county... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for Washington on
Q: Diminished value calculation in Washington state

I bought new 2015 Lincoln MKT 12/17 complete with 4 years warranty. No fault to me but t-boned by teenager when my new car only had 2000 miles on 2/14/18. Extensive damage cost over $10,000 in repair.. How do I calculate diminished value to settle this claim?

Tim Akpinar
Tim Akpinar answered on May 9, 2020

A Washington attorney could advise best, but your post remains open for two weeks. As a general matter, the property damage adjuster will do that. They'll visit the car in your shop and work up an estimate based on parts and labor. Unfortunately, many states apply statutory thresholds (which... Read more »

1 Answer | Asked in Contracts, Estate Planning, Arbitration / Mediation Law and International Law for Virginia on
Q: How can I find out if I have been a victim of power of attorney fraud?

My late spouse was from another country and owned property there. I allowed my brother in law to be my P.O.A., to handle that business as I could not go to said country. I haven't heard anything from anyone in 2 years. I am in West Virginia and my in laws are in Texas.

Tim Akpinar
Tim Akpinar answered on May 6, 2020

Of all the categories you chose, maybe the best one to start with could be to contact an estate planning/probate attorney. They could probably assess what kind of investigative/legal resources are needed. You could look up such attorneys here (Find-a-Lawyer, above), or through your own independent... Read more »

1 Answer | Asked in Consumer Law, Appeals / Appellate Law and Arbitration / Mediation Law for New Mexico on
Q: In new mexico, after fee arbitration fails, which court handles the appeals, district or magistrate?

Had arbitration through NM Bar for attorney/client dispute over fees. Was never given a fee agreement and paid cash to the attorney, Went to arbitration under a voluntary attorney assigned by the bar. Arbitrator ruled against me , I objected to the matter, I am being ignored and have received no... Read more »

Charles William Michaels
Charles William Michaels answered on May 5, 2020

It depends on if the arbitration agreement or arbitration procedure provides for any appeal, most do not. If any appeal is to be filed, I would say New Mexico trial court, but I have no experience with NM arbitration rules.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: If someone serves me with civil suit and it’s been settled in mediation can they come back and criminally sue?

Can a unlimited civil suit be settled in mediation with prejudice? Also would I need a lawyer for mediation or will the mediator help to resolve it on both sides?

Tim Akpinar
Tim Akpinar answered on May 3, 2020

A California attorney could advise best, but your post remains open for two weeks. As a general matter, if your case was settled, the other side would not usually have grounds to sue. Check to see if there is a signed release in the file. I'm not clear on what you mean by criminally sue; suing... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Iowa on
Q: A friend of mine was storing furniture for me and passed away. His family refuses to give it to me. I have recipts and

Serial numbers and a signed itemized list. I contacted police department and was told all I can do is take them to court. Not sure how to handle this? Help!!

Erik Luthens
Erik Luthens answered on Apr 28, 2020

Your stored furniture has “serial numbers?” Interesting. You should immediately file a claim in the estate of your deceased friend (assuming an estate has been opened). I suggest that you immediately contact an Iowa attorney who handles civil litigation to discuss your options.

1 Answer | Asked in Arbitration / Mediation Law for Arizona on
Q: can people sue a solar company if the contract states that it is to settle through arbitration?

It is a 20 year agreement to pay off the panels. I know there’s arbitration in it. I’m scared that if they still get high utility bills they want to sue the company.

Tim Akpinar
Tim Akpinar answered on Apr 19, 2020

As a general rule, arbitration clauses are upheld. Additionally, decisions of arbitrators are regarded with the same binding effect as court decisions. If the clause was challenged, an Arizona attorney could offer more meaningful insight after reviewing the contract in detail. Good luck

Tim...
Read more »

1 Answer | Asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Hawaii on
Q: I have a situation with a union that requires me to fly out to another State to their medical facility for a physical.

If I don’t the Union will not “clear” me to work. Amid the Covid-19 outbreak I have asked if the Union has designated “local” areas in my Home State where we can complete annual physicals while reducing the risk of spreading or contracting COVID-19. Their answer was no, and that there... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 7, 2020

The maritime unions are dealing with some extraordinary measures in light of this virus, particularly for vessels operating in the Pacific. There have been newly implemented measures involving restriction of crews to vessels, cessation of crew rotations, etc. Given the current atmosphere, unions... Read more »

2 Answers | Asked in Estate Planning, Divorce, Real Estate Law and Arbitration / Mediation Law for Utah on
Q: How to protect home in the event of future disputes. As always, things are well between us. But thinking forward.

I am purchasing a home and have the mortgage, and purchase contract under only my name. I have been in a relationship for 11 years with the same women - she is contributing 5% towards our 15% down-payment.10% coming from me. All mortgage payments made will come from a bank account solely under my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 2, 2020

This calls for a tenancy in common agreement. A good real estate attorney can help you with this.

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2 Answers | Asked in Arbitration / Mediation Law for Florida on
Q: I need a mitigation attorney that can help be a negotiater for my 500ksettlement money

I need a mitigation attorney that can help be a negotiater for my 500ksettlement money between my 2 attorneys (one who withdrew) who wants 40% plus 50k in expenses and the other who was only on my case for 7 months and wants also 40% and 30k in his expenses and says he has 5000hours of his time at... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 2, 2020

Sorry to hear about your mess. I think you are not using correct terminology - do you mean need a mediation attorney, that is, an attorney to mediate between your two attorneys? And if you mean that, have the two attorneys expressed a willingness to have a third person mediate between them, or... Read more »

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1 Answer | Asked in Divorce, Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for California on
Q: Can an attorney without the approval of all parties change the terms of a signed mediated marital settlement agreement

After the mediated marital settlement agreement (MSA) was signed by all parties (enforceable pursuant to CCP 664.6) Without the approval of all parties Respondent's lawyer changed the terms of the original signed MSA, then presented the modified MSA as the original. In court Respondent counsel... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 30, 2020

Probably, but it depends on the circumstances. Were there two attorneys? Was there any communication between them as to the change, either by phone or in writing? It looks like the problem got resolved by the court throwing both out and placing the parties in a pre-agreement situation. Best... Read more »

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Identity Theft for Louisiana on
Q: What do I do ? I have hackers in my phone apple says they have done all the can do with is making me reset the phone Aft

I have tons hours of documentarian videos emails This all started after the Equifax data breach supposedly I have stock and bonds and on line holding I know nothing about credit fraud a bankruptcy was reported and then removed still affected my like government had all kind of rules and citations... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 28, 2020

Shut down the phone number and get a new provider and phone number and phone. Close all current accounts and open new ones.

1 Answer | Asked in Arbitration / Mediation Law for New Jersey on
Q: As executor of a will, do I have the right to obtain a case file from a lawyer that was working on a case at death?

Deceased did not keep a file of records and there are payments to a lawyer for services. Can I legally demand case file paperwork from the lawyer? I suspect ethics issues from the lawyer and need proof that there wasn't work being done.

Tim Akpinar
Tim Akpinar answered on Mar 19, 2020

I'm sorry your post remains open for four weeks. Consider reposting under the Probate and Estate Planning sections instead of Arbitration/Mediation. There's no guarantee that every question is ultimately answered, but you would have better chances of your question being seen by someone... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Elder Law and Probate for New York on
Q: My mother lives in Florida, my brother in Virginia and I live in NY. When mom lived in NY I was herPOA and co executor

Long story short she moved to Fl to be closer to my brother ( he lived there at the time) and for the weather. Moms health isn’t always the best. He took a job and moved to VA about 2 years later. He handed he major investments, he did some foolish things with her money, “ he “bailed”her... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 4, 2020

Start by reporting the suspected financial abuse of an elder to the Adult Protective Services agency closest to your mother.

Beyond that, you will need to find a fiduciary litigation attorney to sue your brother to have him removed as your mother's attorney in fact and to return the...
Read more »

1 Answer | Asked in Products Liability and Arbitration / Mediation Law on
Q: I'm having a problem with a dealership in st. John's nl .

They are giving me the run around with my 2017 truck and warranty

Tim Akpinar
Tim Akpinar answered on Feb 28, 2020

Is that St. John's, Newfoundland? If so, if you aren't able to resolve the issue, it would make more sense for you to consult with an attorney in Canada rather than the U.S. attorneys on this Q & A Board, as your options could be governed by the laws of the province and/or Canadian... Read more »

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