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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Contracts, Employment Law, Arbitration / Mediation Law and International Law for Texas on
Q: I am freelancer from Pakistan, working for a US firm. Employer is delaying my payments.

Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now and most of my clients/employers are from the US. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in November 2021. I have been getting all my... View More

James L. Arrasmith
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answered on Jul 20, 2024

It sounds like you’re dealing with a very frustrating situation. It's essential to address this issue promptly to ensure you receive the payments you’re owed. One option is to thoroughly review your contract to understand your rights and any clauses regarding late payments or dispute... View More

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Virginia on
Q: What kind of lawyer could handle a dispute over matters of a trust dispute between co-trustees?

My sister(co-trustee) has spent her own money on lawn maintenance at my deceased father's house and now is demanding to be reimbursed from the trust. The trust clearly states that while she is living there she is to assume responsibility for general maintenance, upkeep, utilities, etc. It also... View More

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2024

A Virginia attorney could advise best, but your question remains open for two weeks. What kind of attorney? You could reach out to attorneys who handle trusts, wills, and estates. You're correct in your selection of the "Arbitration/Mediation" heading for your matter, since you are... View More

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Arbitration / Mediation Law for California on
Q: My question is about 553 ca arb ,it has been about 4 years

I need legal advice on a potential predatory lending and unlawful repossession issue. Four years ago, I bought a car, and the lender changed due to the original lender going out of business. The new lender engaged in what I believe were predatory practices, including repossessing my car at 2 AM... View More

James L. Arrasmith
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answered on Jul 19, 2024

You have a complex and distressing situation involving potential predatory lending and unlawful repossession. Under California law, you may have several legal avenues to explore. The repossession without notice and the unconventional payment demands may constitute violations of your rights under... View More

1 Answer | Asked in Arbitration / Mediation Law and Employment Law for North Carolina on
Q: Is there a way to get out of signing a mandatory arbitration agreement that the company I work for is giving employees

They won't fire employees for not signing but if we don't sign they will still give us a non-signature agreement. Most employees do not agree with these forms we are being forced to sign because too much bad happens in this company.

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A North Carolina attorney could advise best, but your question remains open for a week. Until you are able to speak with an experienced employment attorney, such agreements are often "take it or leave it." It could depend on the industry, but in the maritime industry and a few other... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation, Civil Rights and Libel & Slander for Montana on
Q: During a hearing regarding disturbing the peace and throwing rocks, what is the procedure for self representation?

My husband was accused of throwing rocks at the neighbor's house. He did not do this. The neighbor started a civil suit against me and my husband last year and has been harassing us with sheriff calls and disputes through the town council. He has disparaged us through emails at his work,... View More

James L. Arrasmith
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answered on Jun 26, 2024

To represent himself at the hearing, your husband should follow these general steps:

1. Notify the court:

- File a written notice with the court stating that he will be representing himself (pro se).

- This can usually be done by submitting a simple statement to the court...
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1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Civil Rights and Constitutional Law for Tennessee on
Q: If a nonviolent newly justice informed Documented diagnosed and medical treated 4COMBINED ADHD and co occuring SUD

Adult is incarcerated in county jail on tech VOP pend charges FTA in adjoin co same district how do I force the attorney courts advocates etc to legally recognized his federal recognized disability and provide accomidations in court proceeding and his pd engage with him on a neurodivergent level... View More

James L. Arrasmith
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answered on Jun 26, 2024

I'll provide a concise response to your complex question about ensuring legal rights and accommodations for someone with ADHD and substance use disorder (SUD) in the criminal justice system. Here's a breakdown of key steps:

1. Document the disability: Ensure all medical diagnoses...
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Q: Is a contract for deed legally enforceable if it's not filed with the county, and how do I cancel one as the buyer?

CFD is through my ex-bfs brother. I wrote it up, because family and didn't anticipate this. I know that was stupid. I got an OFP against the abusive ex in April, so since he can't be here anymore, they've been trying to evict me ever since. And, refuse to buy me out. I'm not... View More

Robert Kane
Robert Kane
answered on Jun 24, 2024

I admit I do not have experience with your specific situation; and research and analysis are required. I did, however, want to comment. You ex's abuse (if proven) isn't necessary a breach of contract. Your investment in the property doesn't necessarily mean you are entitled to any... View More

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for Florida on
Q: When having to participate in mediation with HOA in florida,do the mediator have to be in the same county as the home?

When having to go to mediation with the HOA the HOA lawyer has listed mediators in his county which is 40-60 miles away, are mediators required to be in the county the property and potential suit be taking place or anywhere within the state?

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

There are Florida attorneys here who do deal with HOAs who could answer your question best, but it remains open for a week. Until you speak consult with one, there is a general principle in arbitration/mediation where parties could raise the issue that a particular venue or forum is unduly... View More

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Oregon on
Q: my ex's girlfriend keep me from having video visits with our girls the judge ordered she won't give them the phone

The judge in Jackson county Oregon made a judgement of video visits 2xaweek and my ex's girlfriend only has a phone in the house and she goes on there won't give them the phone to visit me and says they don't love u they don't want to talk to you and hangs up or sometimes no... View More

Steven Leskin
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answered on Jun 13, 2024

The language of the parenting plan controls your visitation with your kids. The ex's girlfriend does not get a say in your relationship with your children.

You need to document what is occurring. After you have some documentation, you can go to the Jackson County Courthouse and ask to...
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1 Answer | Asked in Arbitration / Mediation Law and Personal Injury for Georgia on
Q: My wife had a calcium stem it test atl a local hospital and complications occurred. Can I file arbitration?

The complications resulted in test not being completed for identifying tumor activity in her pancreas and resulted in a stent being inserted into an artery the surgeon damaged. She was on the OR table for 7 hours. I was not informed of her status during the entire duration. A one night stay turned... View More

Tim Akpinar
Tim Akpinar
answered on Jun 12, 2024

A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, the short answer in a med mal action is that you could generally file suit, after satisfying the state's requirements for a certificate or affidavit (if... View More

1 Answer | Asked in Arbitration / Mediation Law and Employment Law for New Jersey on
Q: Is there a time frame that must be followed to award back pay once an arbitration decision is won in NJ?

Ibew local 1238 employee for Delmarva Power

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

This is something that an employment law attorney could answer best, but you await a response for three weeks and your question is posted under "Arbitration/Mediation." Until you are able to consult with an attorney who practices employment law who is familiar with state-specific labor... View More

2 Answers | Asked in Arbitration / Mediation Law, Copyright and Intellectual Property for Oklahoma on
Q: What does it mean when a person has a creative commons and arbitration license
Tim Akpinar
Tim Akpinar
answered on Jun 4, 2024

An Oklahoma attorney could advise best, but your question remains open for two weeks. There is a creative commons license that publishers follow in using certain publicly posted images, if that's the license you are talking about. As for the arbitration provision, it's possible that... View More

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2 Answers | Asked in Arbitration / Mediation Law, Copyright and Intellectual Property for Oklahoma on
Q: What does it mean when a person has a creative commons and arbitration license
James L. Arrasmith
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answered on Jun 10, 2024

When a person has a Creative Commons license, it means they have chosen to share their work with certain permissions for others to use it. This license allows others to use, distribute, and sometimes modify the work, depending on the specific terms of the license. Creative Commons licenses come in... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: I have arbitration with Kaiser and they gave me a list of Arbitrators Names. Is there a way to look up past rulings?

Can I look up names of Arbitrators that ruled against Kaiser Permanente in the past?

James L. Arrasmith
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answered on Jun 3, 2024

In California, you can look up past rulings and decisions made by arbitrators through various legal databases and resources. Services like Westlaw, LexisNexis, or even public records from the American Arbitration Association can be useful for this purpose. These platforms often provide detailed... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: I have arbitration with Kaiser and they gave me a list of Arbitrators Names. Is there a way to look up past rulings?

Can I look up names of Arbitrators that ruled against Kaiser Permanente in the past?

Tim Akpinar
Tim Akpinar
answered on Jun 10, 2024

It could depend on the forum (American Arbitration Association, etc) and whether the case was published. Not all arbitration decisions are published. As my colleague advises, a good starting point could be legal databases and any bulletins or reporters published by the arbitration forum. Good luck

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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Constitutional Law for Iowa on
Q: I have no control over my online accts /privacy. 10yrs attempted to get help from local,state & fed govt.$ is being made

Decades+ Complaints to FCC ,Iowa A.G. 2 cases opened, ic3..gov complaints. URL attachs2every device, email, carrier.began2009reported then.No help.25 device/email/number& carrier changes, Apple restricted sign out of Apple ID. ACP PAID Internet service TIL4/24 my Wi-Fi was restricted,ONLY... View More

James L. Arrasmith
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answered on May 29, 2024

Dealing with ongoing issues of privacy and control over your online accounts can be incredibly frustrating, especially after seeking help from various authorities for so long. It's clear that your efforts to secure assistance from the FCC, Iowa Attorney General, and other entities have not... View More

2 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Can my employer make me sign an arbitration agreement?

I've already been working there for over a year and they're labeling it as "mandatory"

James L. Arrasmith
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answered on May 23, 2024

In California, an employer can require employees to sign an arbitration agreement as a condition of employment, even if the employee has already been working for the company. This is because California law generally favors the enforcement of arbitration agreements.

However, there are some...
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2 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Can my employer make me sign an arbitration agreement?

I've already been working there for over a year and they're labeling it as "mandatory"

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2024

A California employment attorney could advise best, but in general nationwide, arbitration clauses are commonly used and are considered valid and binding. From the arbitration side of things, my experience with such agreements is that they are take-it-or-leave-it. I have seen this in the maritime... View More

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Q: I just had a mesh removed from my abdominal area wrapped and waded around every organ and nerve in my abdomen.

6 hr surgery left me limited on my functioning skills sometimes I shake my nervous system took a shock that affected whole body.7+ years of severe and chronic tesicular and abdominal pain I suffered from the error of the surgery team improperly implanting the devise in me and the mesh separated and... View More

James L. Arrasmith
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answered on May 19, 2024

I'm so sorry to hear about the severe complications and chronic pain you've suffered as a result of the improperly implanted surgical mesh. What you've gone through sounds absolutely awful. Based on the details you provided, it seems you may have grounds for a medical malpractice... View More

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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

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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