Arbitration / Mediation Law Questions & Answers by State
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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
Answered on Jul 24, 2017
Tobie Brina Waxman's answer
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.
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.
Q: Is there any way to appeal the results of an arbitration?
Gerald Barry Dorfman's answer
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.
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.
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
Answered on Jul 18, 2017
Ali Ebrahimzadeh, Esq.'s answer
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,...
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,...
Q: Is it possible to appeal the outcome of an arbitration?
Ali Ebrahimzadeh, Esq.'s answer
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,...
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,...
Q: Would a contract requiring arbitration in the following specific way be enforceable? Have you heard of such a practice?
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
Q: I am divorcing my husband of 37 years, he's been given the opportunity answer discovery questions
Neil Colman's answer
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.
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.
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
Answered on Jun 22, 2017
Tobie Brina Waxman's answer
There is no agreement. If you didn't sign it, it's not an agreement, thus nothing to break.
There is no agreement. If you didn't sign it, it's not an agreement, thus nothing to break.
Q: What does conciliation mean in the context of arbitration?
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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
Answered on Jun 21, 2017
Mitchell Feldman's answer
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.
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.
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
Answered on Jun 16, 2017
Gerald Barry Dorfman's answer
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.
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.
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
Answered on Jun 13, 2017
Roy Lee Warren's answer
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.
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.
Q: Do I have any options for fighting an arbitration decision if I feel that the arbitrator was biased toward the opposing
Cheryl Powell's answer
It depends. You need to gather up all of your papers and bring them to an attorney for review.
It depends. You need to gather up all of your papers and bring them to an attorney for review.
Q: Who is required to pay the mediation fees, or is it always split 50-50?
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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
Answered on Jun 1, 2017
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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
Answered on May 31, 2017
Randall R. Walton's answer
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...
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...
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
Answered on May 27, 2017
Louis George Fazzi's answer
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...
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...
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
Answered on May 27, 2017
Ali Ebrahimzadeh, Esq.'s answer
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 &...
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 &...
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
Answered on May 22, 2017
Mr. Joseph T Ireland Esq.'s answer
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.
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.
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
Answered on May 22, 2017
Tammy Lyn Wincott's answer
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.
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.
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
Answered on May 18, 2017
William John Light's answer
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.
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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