Arbitration / Mediation Law Questions & Answers by State

Arbitration / Mediation Law Questions & Answers

Q: DIVISION 9 -Section 1119 Does this state that I cannot include evidence on my behalf to help my side of the trial?

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Business Law for California on
Answered on Jan 23, 2018

I did not look up statutory reference, but I am sure it said nothing to preclude your presenting evidence favorable to our case. The only potential problem is whether the judge might consider that since your expert is not there to be examined by the other side, he would not permit written evidence. If that is the case, arrange for the expert to call in at a prearranged time. A company called CourtCall sets those up. Will cost you $86.00 but sounds as though it would be worth it. You might...
View Details »

Q: Requested to see a judge in small claims but was sent to an arbitrator who I believed was a judge. Now I cannot appeal

1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Civil Litigation for New York on
Answered on Jan 12, 2018

There is nothing you can do. They make a speech about arbitration and by the court in the beginning, and that speech is the same in every court. No one will believe you.
View Details »

Q: I am selling a home which the buyer backed out of the contract. How can I get the escrow agent to release those funds?

2 Answers | Asked in Real Estate Law, Arbitration / Mediation Law and Broker Fraud for Florida on
Answered on Jan 11, 2018

No way to say without first reviewing the contract documents. The refund of EMD can be a tricky topic that depends upon a variety of facts. Consult with a real estate attorney in the Hollywood, FL area.
View Details »

Q: If an employee signs an "Arbitration Policy", can they collect their share of a class action against the company?

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Employment Law for California on
Answered on Jan 11, 2018

Tough question. To give a preliminary answer, the contract you signed, the "Arbitration Policy", would have to be scrutinized. Many large companies have employee contracts that specifically state that you cannot participate in a class action against the company. To do so would breach your contract with the company and leave you open to termination. But there are certain fundamental rights that anyone has, and they may conflict with and override the contractual prohibition. I believe only a...
View Details »

Q: Husband wants a divorce and has not filed yet. I just found out that he has been cheating for the past 4 years. Options?

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Maryland on
Answered on Jan 1, 2018

Depending on when your daughter reaches age 18 or is emancipated, she might not be an issue for the divorce suit in terms of custody and child support. If she is then that will be another issue to sort out for you two.

Your options are to file for a divorce based on separation or based on adultery. If you file based on adultery you have the challenge of needing solid evidence to prove the adultery. But you can also include the separation. You could start your case in court based on a...
View Details »

Q: Had a sublet for 2 weeks now but never moved into the room. Later occupied by another girl can I get my money back?

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Landlord - Tenant for Ohio on
Answered on Dec 28, 2017

You can sue in small claims court to try to get your money back. But even if the court gives you a judgment, then you have to try to collect it, which is another visit to court.
View Details »

Q: What can I do if my ex won't communicate and keeps my son from me for weeks, sometimes months at a time?

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for California on
Answered on Dec 25, 2017

File a petition for custody and visitation orders as the presumed parent or file a parentage action and concurrently file a request for order for temporary custody and visitation orders.
View Details »

Q: Can I abrogate an agreement for plaintiffs to accept a lump sum and together decide the allottments?

1 Answer | Asked in Contracts, Arbitration / Mediation Law, Government Contracts and Landlord - Tenant for California on
Answered on Dec 21, 2017

You have an attorney. He should be able to answer all your questions. If you have a difference of opinion about whether your psychiatric problems should have been included in the mediation, tell him that. If you are not satisfied with his explanation, tell him that you want to get a second opinion from another attorney. I do not want to speculate any further.
View Details »

Q: How to get my son removed from the deed

2 Answers | Asked in Real Estate Law, Arbitration / Mediation Law, Civil Litigation and Civil Rights for California on
Answered on Dec 19, 2017

You ask one question. Before anyone can provide an answer, you need to provide the answers to many questions, including but not necessarily limited to: Did you have any conversations with your son about the future disposition of the property? If so, were there any witnesses to those conversations? Who paid the taxes, insurance, and the lender? If it is a residence, who occupied it? Were any rent payments made and to whom? Why do you want to sell?

Answers to those questions would get a...
View Details »

Q: Must I be confidential about information received before signing a confidentiality. agreement?

3 Answers | Asked in Arbitration / Mediation Law for California on
Answered on Dec 18, 2017

Yes. Not only what was said at mediation but what transpired during medication in order to arrive at a just decision. Breach of confidentiality might leak certain information that may be fatal oir hamper the process at the end.
View Details »

Q: My mediation brief is supposed to be confidential can I still show it to: 1. my oncologist 2. my psychiatrist

2 Answers | Asked in Arbitration / Mediation Law and Civil Rights for California on
Answered on Dec 18, 2017

mediation briefs are NOT confidential and shouldn't be, because they are to persuade the other side that they should settle because you are on top of your game. Maybe you meant a settlement conference statement instead. Even that should be disclosed. You can discuss the secret sauce with the judge orally.
View Details »

Q: How can I obtain a passport for my child that was legally agreed upon during mediation?

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for Pennsylvania on
Answered on Dec 12, 2017

Presuming you left mediation with a written consent custody agreement stating that father will cooperate in obtaining the passport, you have to file for enforcement of the order to force him to comply. The court also has the authority to impose sanctions on father for his non-compliance if it deems appropriate.

Please feel free to visit my website for more information on enforcement of custody orders in PA....
View Details »

Q: Married 10y. Home purchased 7y ago under wifes name due to my credit. If we split, do I risk losing home rights w/o

1 Answer | Asked in Divorce, Real Estate Law and Arbitration / Mediation Law for California on
Answered on Dec 11, 2017

This is an incomplete answer. The property is in California. You state you were married when the property was purchased, with only your wife on the grant deed. However, California is a community property state. Therefore, it is presumed to be community property. The presumption is rebuttable.

Some of the factors that will determine the outcome: Who has contributed to the expense of owning and maintaining the property, expenses such as: house payment, taxes, signers on the bank...
View Details »

Q: If I live in a home my family owns half of, can I be evicted if the other party is trying to force us to sell it?

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for Ohio on
Answered on Dec 11, 2017

The owner named on the deed can evict anyone whose name is not on the deed. Use the Find a Lawyer tab to consult a local real estate attorney who can review all the facts of this complicated situation and advise you on your options.
View Details »

Q: If my ex files for divorce in Florida, while I'm in Fairfax Virginia, which state determines child support?

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Child Support for Virginia on
Answered on Dec 11, 2017

It depends on whether or not the court in Virginia can obtain personal jurisdiction over your ex. If so, then they can award child support based on Virginia guidelines. Otherwise, it may likely be based on the laws of the state in which he lives.
View Details »

Q: If me and my husband are getting divorced ,he filed first but i responded within the 30 day period, but we jointly car

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Georgia on
Answered on Dec 4, 2017

You cannot get the car - that would be trespassing. You need to ask the judge for a temporary hearing to address the car issue.
View Details »

Q: Hello, what is the distinction between Alternative Dispute Mechanism (ADM) and Alternative Dispute Resolution (ADR)?

1 Answer | Asked in Arbitration / Mediation Law on
Answered on Dec 3, 2017

Both terminologies are interlinked. Resolution is brought through application of given mechanisms as outlined in that particular law.
View Details »

Q: Did the lender have the right to take my car away?

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Banking for Florida on
Answered on Nov 30, 2017

Your situation is way too complex to try to answer online. You need to consult with an attorney in your area face to face.

Good luck.
View Details »

Q: what should i do if my fruit snacks were stolen 3 times?

1 Answer | Asked in Criminal Law, Divorce, Immigration Law and Arbitration / Mediation Law for California on
Answered on Nov 29, 2017

report to principal or Vice Principal or any security unit on campus
View Details »

Q: My conflict calls for arbitration but the defendant has defrauded my company. I want to file a lawsuit. can I?

1 Answer | Asked in Arbitration / Mediation Law and Business Law for Texas on
Answered on Nov 20, 2017

Arbitrators can address fraud claims and enter an award for fraudulent conduct. An attorney would need to see your arbitration agreement to advise whether it is possible to avoid arbitration. Also, it is possible to file a lawsuit and force the other side to expend resources to compel arbitration (which they may choose not to do).
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.