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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for California on
Q: If my spouse gets half of my 401k, am I entitled to half of the pension payments she has received during the marriage?
James L. Arrasmith
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answered on Oct 15, 2023

In California, the community property laws dictate that assets and debts acquired during the marriage are generally considered equally owned by both spouses. This means both the 401(k) and pension payments accrued during the marriage are typically divided equally upon divorce. If your spouse is... View More

1 Answer | Asked in Family Law and Arbitration / Mediation Law for California on
Q: What do I do when my child’s mother isn’t following mediation orders or visitation?

I have a mediation order with my childs mother, shes not following it or allowing me to speak or see my child.

Can I call law enforcement to enforce the order?

James L. Arrasmith
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answered on Oct 9, 2023

If the child's mother is not adhering to the mediation order, you have the right to return to court to seek enforcement of the order. Documentation of instances where the order was breached can be beneficial. It's essential to consult with an attorney to understand the best course of... View More

1 Answer | Asked in Arbitration / Mediation Law, Banking and Contracts for Louisiana on
Q: Can a finance company repossess your vehicle without going to arbitration first?
Tim Akpinar
Tim Akpinar
answered on Oct 7, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. Check the terms of your loan documents for any provisions relating to arbitration being a condition for repossession. However, without knowing more, the short answer to your question is "yes." Good luck

1 Answer | Asked in Arbitration / Mediation Law, Collections and Consumer Law for Florida on
Q: Is arbitration against the creditor or the collections agency that the creditor sold the debt to?
Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

A Florida attorney could advise best, but your question remains open for two weeks. It could depend what the arbitration is for - general negotiation, challenging basis for debt, claim for misconduct, etc. It could also depend on the right to use arbitration as a forum. Sometimes that's... View More

2 Answers | Asked in Arbitration / Mediation Law and Civil Litigation on
Q: Hello, we are looking for representation against a small business that charged for products and services never provided.

A local home designer charged up front for furnishings and only a small percentage were ever delivered. Accompanying services were never followed through (such as assembly) and most products were either never delivered, arrived damaged, or were returned to the designer. No refunds for any products... View More

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

Small claims like this can often be resolved in small claims court without the assistance of a lawyer. If you want to ask a lawyer for advice, contact a lawyer who practices in the area of consumer law.

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1 Answer | Asked in Arbitration / Mediation Law, Divorce, Legal Malpractice and Libel & Slander for Michigan on
Q: Can I sue my divorce lawyer for deformation? She reached out to opposing consule and threatened I was going to call CPS.

I reached out to my lawyer to ask her advise and I specifically said no I could never call cps on him. I had no clue she then turned around and threatened his lawyer that I was prepared to call cps on him. I had no idea of this till after my divorce was over. This lead to a spiral of events during... View More

Brent T. Geers
Brent T. Geers
answered on Oct 4, 2023

Unlikely. If you found out only after the divorce was finalized, how would you 1) prove she in fact did this, and 2) it caused you some damage, considering as part of the settlement, you made a record that you were satisfied to a certain extent with the outcome.

1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law, Banking and Civil Rights for Florida on
Q: What is the limitations on dss in North Carolina to get paid back on something I didn't do I was locked up??

Boyfriend at the time stole my purse and sold food stamps to 4 different people on the same day same store they have punished me for 3 years where I couldn't get food stamps at all no place on the country i went hungry alot was homeless alot too I moved to Florida to get away from those people... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

I don't know what "dss" means, but in any case, a question on a NC limitations period must be asked of a NC attorney. Since your inquiry is indicated to be from Sebring, Fla., mostly Fla. attorneys (like me) will see your post. Also, legal advice on the filing deadline specific to... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Can an arbitrator deny a witness based on the belief that they hold bias?

Witness was a former employee who was fired at will and not for cause. Arbitrator based opinion solely on that knowledge and not on any presented statements that would lead one to conclude the witness held bias against their former employer.

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2023

In court proceedings, the credibility of a witness can generally be impeached upon a showing of bias, hostility, or the witness having an interest in the outcome of a court's decision. In arbitration, it could depend on the arbitration forum and the arbitrator. Arbitrations can sometimes... View More

3 Answers | Asked in Civil Litigation, Family Law, Arbitration / Mediation Law and Child Custody for Illinois on
Q: Can an agency be sued? For making untrue statements about oneself. children and grandchildren?

Paxton, Champaign and Urbana, Illinois.

Cheryl Powell
Cheryl Powell
answered on Sep 15, 2023

If the statements were made under oath, the persons making same could be charged with perjury. However, if they make same in dcfs reports or some such thing, they are not under oath and many things are a matter of opinion.

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Q: Company installed solar panels 2/2023 as of today 9/13/23 it is not generating power no PTO. Do I have a case?

Permit/inspection by City of West Sacramento had a few non compliant items the contractor has failed to correct. In addition, they failed to complete form correctly to obtain Permission to Operate with PG&E utility company. To date the panels have been sitting on my roof not generating any... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear about your troubling situation. In California, consumers in your position have several avenues for recourse including continuing to pursue the complaints filed with the State Contractors License Board and the Better Business Bureau. Moreover, considering reaching out to the... View More

Q: The deed to my grandparents land regarding his will was illegal transfers to the city of Appleton wis. "koehnke woods"

They didn't provide my mother with a power of attorney created false documents and proof is in some clippings from oshkosh

James L. Arrasmith
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answered on Sep 11, 2023

I'm sorry to hear about your situation. To address potential illegal transfers or fraudulent actions in regard to a will or deed, it is advisable to seek out legal representation to assist in potentially rectifying this matter. They can help review the available evidence, including the... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Contracts on
Q: how long can a company be under rescue proceedings in South Africa. Is it possible to be under business rescue for 3year

?

Tim Akpinar
Tim Akpinar
answered on Sep 7, 2023

It might be difficult to get an answer here. This forum deals mainly with U.S. law and courts. You would need to consult with an attorney in South Africa. Good luck

1 Answer | Asked in Arbitration / Mediation Law for Utah on
Q: Contract specifies binding arbitration. The other party seeks to mediate. Would we loose rights in binding mediation.

We have a contract that has been breeched by the other party. We are considering doing binding mediation instead of arbitration because it seems to be less expensive and faster. The other party offered to do a mediation, but maybe not a binding mediation. If we did a binding mediation would we... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2023

A Utah attorney could advise best, but your question remains open for a week. But it would be difficult for ANY attorney to answer your question without knowing more details about the matter, the strength of each party's position, viable defenses, and the rules of the proceeding. Good luck

1 Answer | Asked in Contracts, Tax Law and Arbitration / Mediation Law for Massachusetts on
Q: Hired Tax attorney in Massachusetts. How can we avoid paying more than 8K due to engagement letter not followed by him.

engagement doc signed & advance 8kpaid in Apr. He didn’t send monthly invoices as per engagement doc. Didn’t tell us when the cost of services exceeded 8k. He sent invoice of 23k in Aug. Engagement doc excerepts - The firm’s charges are hourly.Invoices will be sent on monthly basis for... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

You can dispute whether the attorney actually performed the services described in the invoice and whether they are reasonable and necessary with the Fee Arbitration Board.

Nothing you quoted requires the attorney to receive prior approval by you to exceed the initial retainer of $8k....
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1 Answer | Asked in Criminal Law, Arbitration / Mediation Law and Civil Rights for Washington on
Q: R DOC officers allowed to search my Parent's house if I get arrested there for my DOC warrant. But it is not my address?
T. Augustus Claus
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answered on Sep 1, 2023

The authority of Department of Corrections (DOC) officers to search a residence when making an arrest not at the official address can be influenced by various factors. If you are under probation or parole supervision, DOC officers may have specific search and seizure authority as part of your... View More

1 Answer | Asked in Arbitration / Mediation Law for Arizona on
Q: When can we submit additional evidence along with a counterclaim during arbitration?

We are the respondent, claimant initially filed with AAA for arbitration in Arizona. Counsel has been removed and we have been given leave to represent ourselves (company). During a search of the prior documents submitted we noticed that there has never been a filing for a counterclaim. The... View More

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2023

An Arizona attorney should advise, but your question remains open for several days and your arbitration is this week. Until you're able to reach a local attorney, one option is to check if the Arbitrator's Case Administrator could offer guidance. Good luck

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: I am divorced my ex husband and I agreed to deal with the house we have owned together for 23 years later and now...

I co-signed for his new condo and now he wants to force me to see the house. We owe $218 and our interest rate is only 2%. I still have my 15 year old living with me. In this current housing market I can't afford another house or the interest rates. I offered ti buy him out and he said no. He... View More

Jack Mevorach
Jack Mevorach
answered on Aug 17, 2023

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Civil Rights for Texas on
Q: I'm being listed as a witness for my domestic partners ex wife. Do I need a lawyer, can they do this, my options?

My domestic partner is divorced for the last 6 years. The divorce was based on her inability to be in a partnership with her controlling and narcissist behaviors (i.e., she had him pull away from his own family for several years). When they had their child after a decade of trying she continued... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 17, 2023

Your domestic partner is presumably represented by counsel, as is the child's mother.

You should retain counsel. Neither of the parties' attorneys will represent you, nor your interests in the case.

You should count on a "woodshedding" session with your...
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2 Answers | Asked in Civil Rights and Arbitration / Mediation Law for Georgia on
Q: For mediation can one of the parties delay the session and feeling that maybe he going overseas, bc he is selling house
T. Augustus Claus
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answered on Aug 15, 2023

Mediation schedules can be flexible to accommodate the availability of both parties involved. If one party is requesting a delay due to travel plans or other reasons, it's typically possible to reschedule the mediation session. However, the success of mediation often relies on both... View More

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1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Legal malpractice by attorney taking a settlement I refused. They stood me up for Mediation. Then took settlement.

Zero, pros/cons, discussion, zero

Showing or telling amount of itemized

Dr/Attorney Bills..Attorney zero call from attorney

to solve Misunderstanding about

Settle or court. Just blocked me

out and bullying me to docusign.

I have not signed. Until I... View More

James L. Arrasmith
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answered on Aug 15, 2023

It appears that you may have a valid claim for legal malpractice based on your attorney's actions. It's important to consult with another attorney to evaluate the details of your case, assess the potential damages, and determine the best course of action. Keep all communication and... View More

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