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Colorado Arbitration / Mediation Law Questions & Answers

1 Answer | Asked in Arbitration / Mediation Law and Bankruptcy for Colorado on

Q: bankruptcy going on and am involved in an estate suing another estate mediation wants $300 what do i do

2 estates are suing each other and I am also going through bankrutcy

Timothy Denison answered on May 29, 2019

More facts are needed to discern what is your question.

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Colorado on

Q: How can A company enforce a mutual binding arbitration agreement, If I was terminated two days prior to signing the form

I was suspended from work for not signing The companies mutual binding arbitration agreement, Two days prior to my return to work I was terminated by the company. For not signing the agreement, I had been employed by this company for about 19 months. How can a company enforce such an agreement??

Donald C Eby answered on Jan 17, 2019

If you have not agreed to an arbitration agreement the company will not be able to compel arbitration.

1 Answer | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Colorado on

Q: I am in need of a Mediation Attorney to represent me this Wednesday, 12/5, from 9 - 11 AM.

Willing to compensate above norm rate for 11th hour notice.

John Hyland Barrett III answered on Dec 3, 2018

I may be available depending on location and type of case. You can call me to discuss it.

1 Answer | Asked in Foreclosure, Real Estate Law and Arbitration / Mediation Law for Colorado on

Q: I want to know if Home Relief Services is a ligit company helping people with loan modification.

Thomas A. Grossman answered on Aug 20, 2018

You can go online and look at their website. You can also look up reviews of this company and read them. Finally, you can access "Yelp" and review the company if you can fine it.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Colorado on

Q: Wife filed for divorce (CO). wants to kick me out for emotional reasons... but we are civil, and there are no threat

My wife just doesn't want me around. we have 4 kids that need both of us. We have no extra money. I am the sole provider. my job only pays 16/hr. We are on food stamps and other assistance. There is no violence, drugs, adultery, or any risks. We have special needs kids, and in home therapists come... Read more »

John Hyland Barrett III answered on Jul 17, 2018

Once a divorce is filed, the court can determine whether one of you has to leave. The court's primary concern will be the welfare of the children. The court can also enter orders for the return of the children if she does not return with them. You should retain an attorney to make sure your... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Colorado on

Q: lived in Co 5/01-5/17 served divorce ppra 6/1/17. Moved to TX 7/17 for job Spouse atty sez I must trvl to CO for depo?

I’m willing to do deposition, just cannot afford to travel to CO from TX. I’m broke. Can petitioner’s atty force me to travel for. TX to CO at my own expense? I my view (and my CO atty’s View) the petitioner is attempting to make this process as difficult (expensive) as possible for me. If... Read more »

John Hyland Barrett III answered on May 21, 2018

Since you have an attorney in Colorado, you should discuss this with them and follow their advice.

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Colorado on

Q: Prep for mediation. All documents as required by court submitted. Spouse attny. demanding more. Is this harrassement?

I don't have an Attny. Spouse is out of state, being represented by Attny. His focus is money, not the children.

Tristan Kenyon Schultz answered on May 18, 2017

The requests are very likely not harassment. Be aware that under Rule 16.2 (found in the JDF 1104 disclosure form), a significant amount of financial information is required to be disclosed without request. Failure to provide this information can result in court enforcement with sanctions. That... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Probate and Small Claims for Colorado on

Q: Granny signed car to me 30 days before death. Adult granddaughter wants it against my will. Can she get it? (Colorado)

Ben F Meek III answered on Feb 19, 2017

Probably not. Granny can make gifts as she pleases. Unless Granny lacked the mental capacity to understand what she was doing, or there was fraud or undue influence, it's an inter-vivos gift that is not part of Granny's probate estate. Granddaughter has a tough row to hoe to win that battle.... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Child Custody for Colorado on

Q: I have 2 grandchildren in Weld county CO.

For a reason unknown to anyone in my family, my son and daughter-in-law have decided to cut off contact.

Do I have any legal way of having visitation with my grandchildren?

Tristan Kenyon Schultz answered on Oct 27, 2016

Colorado does allow grandparents access to their grandchildren in many situation. It appears that this is a D&N (dependency and neglect) case. Contact the Weld County Clerks Office for information on becoming a special party in the D&N case. If you are out of state, it will be an additional hurdle... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Business Law for Colorado on

Q: I am a co-owner of O My Goodness LLC me and other co-owner is 51% and I am 49%. Our agreement was I ran the business

Is that not a breach of contract our operating agreement also states that any disputes would be handled through mediation but her attorney is not for that what do I do?

Tristan Kenyon Schultz answered on May 18, 2016

If there is another attorney involved, I recommend that you hire your own attorney. Turning to your substantive question, as a general rule, provisions that mandate mediation are binding on BOTH parties. Considering that you are the lesser partner/owner it is very likely that the mediation... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Colorado on

Q: Can a child be at home with step parent and siblings while I work night shift or can mother keep her.

I work from 3pm to 2am Monday thru Thursday, but I want more time at my house with my daughter and she also wants more time with her siblings, but her mother says she doesn't need to be here unless I am here, we are going to mediation soon and I would like to know if she can be a my house with my... Read more »

Tristan Kenyon Schultz answered on Dec 6, 2015

Your request seems reasonable and persuasive. There is nothing in Colorado law that mandates that you must be physically present at all times during parenting time. The section that defines considerations for parenting time (visitation) is CRS 14-10-124, it can be accessed via... Read more »

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