Lawyers, Answer Questions  & Get Points Log In
New York Arbitration / Mediation Law Questions & Answers
2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

David H. Relkin
David H. Relkin
answered on Jun 30, 2022

Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to... Read more »

View More Answers

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for New York on
Q: About divorce?

If I am separated and moved out the house and my wife find out where I live and send me divorce papers, if I ignore them and choose not to answer what will happen? Thank you for your help.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 30, 2022

This is posted in the New York forum so I will answer assuming this is a New York case. If you ignore the Summons, you will lose by default and she will get whatever she is asking for and you will have no say. Talk to a lawyer.

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Small Claims for New York on
Q: Business took $23K from me and only sent $7k worth of product in 2020. How can I get the money back? Court, Arbitration

I have reached out to him several times via text, email and phone call. He does not want to refund the money. He is supposedly located in Kansas or Las Vegas.

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2022

It sometimes depends on the terms of the underlying agreement. Some agreements include arbitration clauses, where arbitration is a designated forum for handling disputes. Some agreements also include forum clauses, where a civil court in a designated county must be used. That's why it... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Hi, What are the forms (numbers) needed to apply to the courts to confirm a fee arbitration award in New York please?

I understand it is a special proceeding. Do i need to fill form #H-1 form#H-8 or both for example?

David H. Relkin
David H. Relkin
answered on Oct 7, 2021

In New York, one brings a special proceeding by a motion to confirm the Award in New York. It is a relatively quick matter. There are two issues in confirming the Award: one in which the respondent appeared and contested the Award, and the other, when the arbitration was not contested. The... Read more »

Q: What kind of lawyer handles criminal hospital negligence? The intent to deceive, leaving patient under continous duress.

Hospitals knowledge of errors made after asking patient for her wrist, to look at ID Bracelet. Sudden room change, bed and all down hall across from psychiatrists/nursing staff front desk. Reason? Was told a emergency came in. The emergency discovered years later due to fraud concealment and... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2021

An attorney who works with medical malpractice cases would be able to evaluate such a case. It could sometimes require a considerable level of evaluation to determine whether negligence rises to the level of criminal negligence. This appears to be a complex case and would likely require detailed... Read more »

View More Answers

2 Answers | Asked in Arbitration / Mediation Law for New York on
Q: I am going to arbitration and some legal advise.
David H. Relkin
David H. Relkin
answered on May 5, 2021

I have handled more than 100 Arbitrations. Please call me at 212-244-8722. David@Relkinlaw.com. David H. Relkin, Esq

View More Answers

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: How do you know if its worth to do arbitration in NYC? I currently live in Texas now

I was proactive with asking questions to my lawyer and submitting everything I had. Our intention was to have the family law case dismissed from jurisdiction and to go to the one I currently live in. Since the voluminous information I uploaded was not used ( I could not delete) we had a phone convo... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2020

You could get general information about the arbitration process New York-based by looking into some of the companies who provide Alternate Dispute Resolution services, such as the American Arbitration Association, National Arbitration and Mediation, and others. Keep in mind that arbitration... Read more »

3 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New York on
Q: I bought a house with a "friend", realizing too late I've been manipulated. Can I "break" our agreement?

I should have gotten a lawyer to represent my interests at the time, but our co-homeowner agreement seems very lopsided now. I don't want to sell or take on another mortgage, but I need some kind of relief from the onerous conditions she keeps imposing. These include limiting my privacy,... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2020

One option as a starting point could be to arrange a consult with an attorney to review the agreement. Without seeing that, it could be difficult for an attorney to advise meaningfully, solely based on general principles of contract law. Good luck

Tim Akpinar

View More Answers

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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

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 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 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 »

1 Answer | Asked in Arbitration / Mediation Law, Elder Law and Probate for New York on
Q: My mother lives in Florida, my brother in Virginia and I live in NY. When mom lived in NY I was herPOA and co executor

Long story short she moved to Fl to be closer to my brother ( he lived there at the time) and for the weather. Moms health isn’t always the best. He took a job and moved to VA about 2 years later. He handed he major investments, he did some foolish things with her money, “ he “bailed”her... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 4, 2020

Start by reporting the suspected financial abuse of an elder to the Adult Protective Services agency closest to your mother.

Beyond that, you will need to find a fiduciary litigation attorney to sue your brother to have him removed as your mother's attorney in fact and to return the...
Read more »

Q: Is mediation the best option for a pro se plaintiff in an employment discrimination case?

How, where and when can I request to be referred to medition?

V. Jonas Urba
V. Jonas Urba
answered on Dec 18, 2019

Neither employer nor employee are forced to mediate. That process is voluntary.

However, employment lawsuits in federal court get scheduled for mediation. But going to mediation when an employer believes your claim is "no pay" will do little by itself.case.

Even during...
Read more »

1 Answer | Asked in Arbitration / Mediation Law, Contracts, Consumer Law and Lemon Law for New York on
Q: Dell sold me a 5k defective laptop and downgraded its hardware, can I get around their mandatory arbitration agreement?

Dell knows they sold me a 5k lemon that never worked because both graphics cards were never recognized, and it was missing a blu ray burner that I paid for and I have the documentation, e-mails, phone calls and tracking numbers to prove it. Dell know that instead of repairing my computer in June... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 15, 2019

IMPO, the arbitration clause in the contract is valid regardless of how bad the laptop was when Dell sold it to you--or how many terrible things Dell has done since--or how much proof you have against Dell.

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Will I be assigned an arbitrator, or do I have a say in who gets picked for my employment dispute?
Thomas A. Grossman
Thomas A. Grossman
answered on Nov 30, 2018

Without knowing more about your situation, and not being familiar with New York law on ADR, my guess is that if you signed an employment agreement with your employer, it should deal with how a mediator or arbitrator is selected. If not, you could approach your employer and ask him/her about it.... Read more »

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.