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Arbitration / Mediation Law Questions & Answers
Q: Can I sue for condemned condo?

We rent a condominium in Aventura, FL. Recently we had an electrical inspection, where the result was the condo being condemned. The owner wants to sell instead of repair the problems. Is there anything we can do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 13, 2020

Unless you have a written lease that says otherwise, you are not obligated to pay any more rent because you will be required to move. If you do have a written lease you can be sure the landlord will not renew it because he cannot do that if the condo is condemned. Finally, suing is possible, but... Read more »

1 Answer | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: How to waive my non compete included in the CNDA?

I am an engineer living in California and working remotely for a company in Texas. I got laid off and I wonder if my non-compete clause included in the signed CNDA can be enforced. The non-compete is for 1 year and the CNDA mentions the State of Texas as the governing law.

I have asked for... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 8, 2020

It would be unwise for an attorney to opine about a contract without being able to see the entire contract and understanding the circumstances regarding its making. However a few general things can be said preliminary to that.

First, generally non-compete provisions are unenforceable in...
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1 Answer | Asked in Civil Litigation, Arbitration / Mediation Law and Probate for Arizona on
Q: Father in law recently passed. Widow not abiding his wishes to give his kids belongings, items prior to marriage. Hers?

Father in law did not have a will. He always told everyone what he wanted to leave to his biological kids. Widow now says he never said those things. She is refusing to give anything to anyone. Can his kids fight for what their dad always promised them? Widow is now giving those items to her... Read more »

Ilene L McCauley
Ilene L McCauley answered on Jul 30, 2020

I am so sorry for your loss.

You will have to hire an attorney to represent your interests. You have rights, but they may only be enforceable by court order.

1 Answer | Asked in Arbitration / Mediation Law for Arizona on
Q: What do you do if someone committed perjury against you in a mediation hearing but, the residing attorney overlooked it

My case was heard in mediation March 2019. I am a touring musician and left the country and area for many months not returning until March 2020. The defendant committed perjury within her memoranda. The residing attorney never read our memorandas in our presence to check for discrepancies. It was... Read more »

Jay Hall
Jay Hall answered on Jul 20, 2020

The unfortunate reality is that litigants nearly always distort or embellish the truth, even in open court while under oath. There isn't any real procedural remedy. Whenever this happens, you can prepare evidence to disprove the allegations contained in the mediation memo.

1 Answer | Asked in Arbitration / Mediation Law for Utah on
Q: My primary care physician did a drug screen or test without my consent I'm 52 is this legal
Tim Akpinar
Tim Akpinar answered on Jul 3, 2020

This is something a Utah attorney could answer best, but your post remains open for five weeks. Based on the description, it does not appear to be in connection with mandatory employer testing for hiring or spot-checks for employees entrusted with public transport or safety. If it was not done in... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: My Progressive adjuster considered other driver 100% at fault, suggested arbitration. Am I entitled to see verdict?

This was an car accident that took place in Florida. Together with my claims adjuster I agreed to pursue arbitration for reimbursement of deductible and out-of-pocket costs. Apart from supplying my insurance company with an account of the incident, some photographs I had taken and a diagram... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 3, 2020

A Florida attorney could answer best, but your post remains open for three weeks. It's possible the arbitrator asked one or both sides for additional information. It's possible an award hasn't been rendered. Things could take longer than usual because of COVID-19 (courts are only... Read more »

2 Answers | Asked in Arbitration / Mediation Law for Colorado on
Q: I need to know if i can use the margin of error to dispute mileage

My odometer is not reading the actual miles. There might be some kind of computer issue since it is saying that i put 20k miles on it in 1 year which is an impossible number for me. Now because of this, i cannot get major engine repairs done with my warranty. There is only about 600 miles over... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 28, 2020

A Colorado attorney could advise best, as state consumer laws could be applicable. As a starting point, you could think about getting the vehicle tested at a shop where technicians could diagnose your system and troubleshoot your odometer/related systems for glitches. If you set up a consult with... Read more »

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3 Answers | Asked in Arbitration / Mediation Law for New York on
Q: Hello, can you tell me how I, as a civil arbitrator, ensure that the award I render is legally binding?

I have a certificate as a civil arbitrator, which certificate was endorsed by Hon. Gerald Popeo of Utica City Court, Utica, NY. Recently, two opposing attorneys asked me to arbitrate a civil matter between their respective clients. These two attorneys require that the arbitral award I would... Read more »

David H. Relkin
David H. Relkin answered on Jun 24, 2020

Your Arbitration is pending in New York so the controlling statutes are in the Civ.Prac.Law.Rules, specifically 7510 and 7511--these statutes specifically deal with the Confirmation and Vacatur of an Award. There are some additional attendant statutes that may seem obvious but I will cite them... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: I intend to file a fee dispute against a lawyer Is it best to discuss the fee dispute first or go to arbitration?

The question corresponds to an active civil case (divorce matter) in which I don't feel I've been adequately represented. I've already fulfilled the retainer agreement and then some, however I feel that I've bee poorly represented that have led to mistakes, delays etc.

Tim Akpinar
Tim Akpinar answered on Jun 23, 2020

The answer to your question could differ based on the negotiation philosophies of any given attorney. As a general matter of arbitration law, without regard to the type of case it is, some attorneys feel there are benefits to openly discussing issues first. It could give the other side notice of... Read more »

1 Answer | Asked in Employment Law and Arbitration / Mediation Law for Texas on
Q: When settling out of court, what should an affidavit state for the agreed on money and when to receive it
Tim Akpinar
Tim Akpinar answered on Jun 22, 2020

A Texas employment attorney could best advise, but your post remains open for four weeks. As a GENERAL matter for civil claims of MOST types, there will be a form called a release to memorialize terms of the settlement. I think that's what you're talking about. The release will outline... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Small Claims for California on
Q: Who has the rights over items legally in a break up?

To whom it may concern. I have a general question with regards to personal property as a resolve in a relationship break up. There are certain items that the other party is unwilling to return that hold either monetary or personal value to me, which include, but are not limited to, jewelry and a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 16, 2020

This is actually a Consumer Law question, and a very important question it is. The question is: "When you are living together in a relationship (not marriage) what are each person's property rights?" The rules in Family Law provide some insights but don't cover everything.... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Banking and Contracts for New York on
Q: Should I opt in or out of my banks Arbitration agreement?

My bank recently sent out a letter asking everyone with an account to opt in/out of their new arbitration agreement. I called their office to get more information on what this exactly meant as their letter also did not specify what changes were going to happen and how they affect me or my money.... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 7, 2020

It would be difficult for an attorney here to tell you to opt out or not opt out without seeing the arbitration agreement. In terms of arbitration agreements as a GENERAL matter, whether they apply to contract, employment, real estate, car sales, etc., what it often means is that a person accepts... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Which is the legal nature of an arbitrator's award?

I'm from México. I'm doing a research in comparative law regarding to this subject, because i want to identify the legal nature of a commercial arbitrator's award, because in the mexican legal system is not determined which is the nature of it. Actually, i would like to know if... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 5, 2020

When you ask about legal nature of an arbitrator's award, one important attribute it has is that it is generally binding. This means it can have the same effect as a court's decision. Like a court's award, arbitration awards can provide avenues for appeal, on certain limited grounds.... Read more »

1 Answer | Asked in Contracts, Employment Law and Arbitration / Mediation Law for Florida on
Q: Will I have legal problems if I signed an American Employment contract in another country (mexico) ?

I signed an Employment at-will contract, which was created under our American jurisdiction, but I had to sing it in an another country. The question is related with the uncertain problems that I could have in the future. There is contractual term which indicates that in the case of any dispute or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2020

If and when the contract is ever raised in litigation (or arbitration), be sure to make your attorney aware of it. I don't know what the contract says, but "employment at will" is the law just about everywhere in the U.S. anyway.

1 Answer | Asked in Arbitration / Mediation Law on
Q: Could you tell me the legal nature of a commercial arbitror's award?

I need to determinate which is the legal nature of an award. I need to find if the award's nature is contractual OR a different one. Regarding with this, i need to find if there is any jurisprudence that justifies your answer, thanks.

Tim Akpinar
Tim Akpinar answered on Jun 3, 2020

It could depend on the matter being arbitrated. There are arbitrations for contract disputes, personal injury, maritime salvage, and other types of matters, contractual and non-contractual in nature. If you are doing this for school, you could look for arbitrator's decisions that have been... Read more »

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 »

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