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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Illinois on
Q: Wife and I have divorce proceedings going on .. We haven't lived together 3-months .. but we agreed upon exchanging

some personal belongings ... she brought some unfamiliar faces with her - I have never seen them or met them even in our marriage reception I don't see them in pictures .. Her name is still on the lease ... How can I make them give me state issued IDs before they enter the Appartment .. I had... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 17, 2020

You have absolutely NO right to see their ID's. She can bring anyone she wishes into the marital apartment, and so can you. Your position is dead wrong.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Is the fee reasonable? I paid a lawyer who states he charges $299 an hour, $7500 for representation on my first call.

Without doing my due diligence first, the lawyer called and found the case to be closed four years prior. He refunded me $2500 and I started arbitration. He then later offered a refund of $2500 and is desperately trying to justify 7-8 hours of work he has done to find out that my case was closed.... Read more »

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

The answer that you don't want to hear is that it would be necessary to review all of the case documents to give you a proper answer. Maybe you can retain an attorney to do that for a negotiated flat fee up front, like 2 hours work. You certainly don't want to get into the same hole... Read more »

2 Answers | Asked in Arbitration / Mediation Law for New York on
Q: Hello. I completed an arbitration request form with Greenfield Rehab/Nursing home and they assigned Chubb Insurance Co.

They called me and asked if I had an attorney.

Do I need an attorney? What would the charge be for this type of assistance?

Tim Akpinar
Tim Akpinar answered on Oct 2, 2020

The description does not mention what the arbitration is in reference to, whether it involves an injury claim, a medical bill, or other matter. Based on the nature of the matter, you could reach out to the appropriate attorneys. Depending on the type of case and the arbitration company, attorneys... Read more »

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1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Support and Public Benefits for Michigan on
Q: How do I reopen my case after we both agreed to have it closed because we were living together but aren't anymore?

The father of my 2 children and I had been together for 16 years. Living together for over 10, our eldest is 14. We both agreed to stop child support because it was OUR income/outcome but he recently moved out. He is on the lease/utilities and state grant (DHS), I am unable to provide a forwarding... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 27, 2020

Contact your county's DHS office or Friend of the Court; they will take it from there.

2 Answers | Asked in Criminal Law, Arbitration / Mediation Law, Civil Litigation and Small Claims for Florida on
Q: I sold a trailer but because of a EMERGENCY I had to leave state before I could give him his trailer.

Now I have to stay longer than expected. If we made an agreement on payments to pay him back, could he have me arrested of I fail to make payments on time?

Henry George Ferro
Henry George Ferro answered on Sep 22, 2020

Sounds very problematic and you need to either give the money back or get him his trailer immediately...depending on the value of the trailer you could be charged with either a felony or misdemeanor (probably a felony).

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1 Answer | Asked in Consumer Law, Criminal Law and Arbitration / Mediation Law for Alabama on
Q: What is the Code of Alabama definition of "Individual"?
Tim Akpinar
Tim Akpinar answered on Sep 18, 2020

Only an Alabama attorney is qualified to answer your question, as it involves state law. But it remains open for four weeks. As a GENERAL matter when it comes to basic and elemental terms in statutes, their meanings often tend to be straightforward. If a matter involves the need for high-level of... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Maryland on
Q: Divorced in Maryland; former wife refusing visitation. Making statements that I am not their parent now.

We have a court signed Settlement Agreement granting "joint legal custody." The order outlines that I have unlimited access and visitation rights to our children. However, the former wife routinely states that "you are not their parent, I am." When I press visitation issues,... Read more »

Mark Oakley
Mark Oakley answered on Sep 17, 2020

File a motion to enforce court order/settlement agreement, and for contempt. Ask further for a set schedule of visitation, or to modify custody to make you the primary custodian since she is not allowing access.

2 Answers | Asked in Employment Law and Arbitration / Mediation Law for New York on
Q: Hey, I'm thinking filing an arbitration case with AAA. If I lose, am I obliged to pay legal bills for the employer?

I have a separation agreement, where if I disagree with the regulatory filing that my previous employer filed, which I do, I can file an arbitration case. My question is if I lose at the arbitration, can I be forced to pay the legal bill for the other party? Also when filing at American Arbitration... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 11, 2020

It would be best for an employment law attorney to advise you, but you await a response for two weeks. As a GENERAL matter with American Arbitration Association arbitrations for property & casualty insurance claims NOT INVOLVING employment matters, my experience has been that claimants are not... Read more »

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1 Answer | Asked in Family Law and Arbitration / Mediation Law for Illinois on
Q: is it possible to fix a temporary closed case from 8 years ago?
Cheryl Powell
Cheryl Powell answered on Sep 10, 2020

If by fix you mean change or modify, yes.

2 Answers | Asked in Divorce and Arbitration / Mediation Law for Georgia on
Q: I have been married for 34 yrs. My husband had a mistress for 30 of those yrs.do I stand to gain more?

yes my way of life was changed overnite when we separated. His way of control. Thinking I wld ask him back. Has caused me 3 yrs of therapy etc.

V. Joy Edwards
V. Joy Edwards answered on Sep 10, 2020

If the cause of the separation was adultery, we can ask for more than 50% of the assets. If you were/are dependent on him for income, then alimony etc. would definitely be a consideration. We can discuss your options and best course of action when we get more details. Please call the office -... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Arbitration / Mediation Law and Civil Rights for Idaho on
Q: A no trespass was put on me since then I've been invited over several times.has this no trespass been abolished?

It was placed on me by a girl friend who resides at the home with her mom.who both take care of the home owned by a mutual friend.mom is 57 girl friend 37.bannock county,

Kevin M Rogers
Kevin M Rogers answered on Sep 6, 2020

You're an invited guest. Your "permission" my be fluid, so don't push it. There's no such thing as abolishing permission revoked. It may be given and taken away fluidly. Be careful!

2 Answers | Asked in Arbitration / Mediation Law on
Q: I would like to write a dissertation on arbitrability and public policy as public policy. Can I have a title

The dissertation is based on the different public policies as in some jurisdictions a matter might be of public policy while in another it is not. I want to deal with the aspect of arbitrability in such a problem

George W. Wolff Esq.
George W. Wolff Esq. answered on Sep 2, 2020

What is your discipline?

Arbitrability is usually a matter of contract, but there may be times when public policy says a certain issue is not arbitrable.

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Health Care Law for Florida on
Q: Inappropriate HOA pool classification declaration by HOA Board

We recently formed a small 7 household HOA in order to be able to insure our commons pool/clubhouse jointly owned after the developer left our compound. Our HOA Board has declared the pool to be PUBLIC with draconian State Regulations attached. The Board is refusing to admit they might be wrong... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 31, 2020

No, the pool for common use and the residential lot, unless it is owned by someone other than the HOA is now common area.

2 Answers | Asked in Arbitration / Mediation Law and Civil Litigation for Ohio on
Q: My sons girl friend gave $ to the family to hold so they could get an apt

they were saving up for an apartment together before they broke up this week. she wants to take it all but $200 of the $. but he bought her an iphone for $300-$400 she doesn't want to pay him back for it out of her share. she has threaten to bring the cops so they can make him give her all the... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 20, 2020

The cops are unlikely to do anything. They certainly won't make him pay money. The aren't collection agents. That isn't what cops do. She would have to go to small claims court.

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2 Answers | Asked in Personal Injury, Real Estate Law and Arbitration / Mediation Law for Virginia on
Q: What kind of lawyer would deal with neighbor issues? Specifically, secondhand smoke problems.

I'm an owner of my home in a COA. My COA sealed around some common pipes, but the secondhand smoke still seeps into my home and affecting my breathing. The COA can't tell me why this is happing and my neighbor's efforts has not stop the issue and has grown worse in the last five... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 18, 2020

Seeping of toxic vapors onto one property from another is Nuisance, and your best choice of counsel might be a lawyer who does real estate litigation. If there are resulting health concerns and medical bills, a personal injury lawyer might consider the case, but the financing model for such lawyers... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for Tennessee on
Q: how do i write a petition?

OUR STREET HAS NOT BEEN PAVED IN 31 YEARS. EVERYONE WANTS IT REPAVED. 16 HOMES UP HERE>

Tim Akpinar
Tim Akpinar answered on Aug 16, 2020

A Tennessee attorney could advise best, but your post remains open for three weeks. As a general matter in such a setting, you might search research online to see if similar petitions are viewable, or seek the guidance of local government agencies. You could also consult with a Tennessee attorney -... Read more »

2 Answers | Asked in Appeals / Appellate Law and Arbitration / Mediation Law for Maryland on
Q: Do arbitrators intervene in appeal of arbitration awards?

I have filed a motion to vacate an arbitration award which was administered by an arbitrator employed by the Attorney General’s office. The AG has filed a motion to intervene as well as a motion to dismiss. This seems unusual. Do arbitrators normally become involved in the appeal process?

Charles William Michaels
Charles William Michaels answered on Aug 16, 2020

No, in my experience arbitrators do not usually become involved in the appeal process. But what is your question directed to, concerning the appeal process or your case?

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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...
Read more »

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.

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