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Arizona Arbitration / Mediation Law Questions & Answers
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.

1 Answer | Asked in Arbitration / Mediation Law for Arizona on
Q: What do you do if someone committed perjury against you in a mediation hearing but, the residing attorney overlooked it

My case was heard in mediation March 2019. I am a touring musician and left the country and area for many months not returning until March 2020. The defendant committed perjury within her memoranda. The residing attorney never read our memorandas in our presence to check for discrepancies. It was... Read more »

Jay Hall
Jay Hall answered on Jul 20, 2020

The unfortunate reality is that litigants nearly always distort or embellish the truth, even in open court while under oath. There isn't any real procedural remedy. Whenever this happens, you can prepare evidence to disprove the allegations contained in the mediation memo.

1 Answer | Asked in Arbitration / Mediation Law for Arizona on
Q: can people sue a solar company if the contract states that it is to settle through arbitration?

It is a 20 year agreement to pay off the panels. I know there’s arbitration in it. I’m scared that if they still get high utility bills they want to sue the company.

Tim Akpinar
Tim Akpinar answered on Apr 19, 2020

As a general rule, arbitration clauses are upheld. Additionally, decisions of arbitrators are regarded with the same binding effect as court decisions. If the clause was challenged, an Arizona attorney could offer more meaningful insight after reviewing the contract in detail. Good luck

Tim...
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1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Arizona on
Q: will I get 1/2 of the equity?

Hi,

I am filing for divorce, we bought a house together under his name only after we had a foreclosure under my name. We were married a year after. we both have always paid 1/2 of the bills and even the down payment for the house was 1/2. we refinance and added my name 3 years ago. I do... Read more »

Mike Branum
Mike Branum answered on Jun 20, 2019

In Arizona you are entitled to 50% of the community assets and responsible for 50% of the community debt unless you have evidence to clearly demonstrate why there should be an inequitable distribution.

2 Answers | Asked in Contracts, Family Law, Arbitration / Mediation Law and Small Claims for Arizona on
Q: Is it against the law to keep a work of Art & not pay for it? If so, what court would it be if it's within the family?

What statute would it fall under?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 24, 2019

Yes, obtaining "a work of art" and intentionally not paying for it is a crime--called "stealing."

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1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for Arizona on
Q: I am on a fixed income ssdi and my husband of 32 years works all the time we have been srperated for 18 years he lives.

He lives with this woman for 6 years. He delights in the fact of knowing i really cant afford a lawyer so i contiue to strggle on my disabilty. Tryin to find lawyer i can make small payments to.

Peter H. Westby
Peter H. Westby answered on Mar 20, 2018

You need help to obtain your share of the community property and spousal support from your husband. If you cannot afford a lawyer you should contact Community Legal Services or the State Bar of Arizona Volunteer lawyers program. Either may be able to match you with an attorney who will work... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Products Liability and Collections for Arizona on
Q: who can help me now that I disputed medical bill balance & they negotiated the check with pmt in full written on it?

A medical office billed for two types of visits on one day, which they didn't perform. I got the bill and have sent them the dispute, called and left messages and then sent check for the one visit, writing pd in full on the check. They cashed it and now sent me a bill adding 32.00 for late... Read more »

William C. Head
William C. Head answered on Aug 13, 2017

Your best bet, on such an insignificant claim, is to either sue in small claims court, or turn over the matter to your State consumer protection agency. Double billing can also be a crime, in certain circumstances.

1 Answer | Asked in Arbitration / Mediation Law for Arizona on
Q: Are filing fees paid to the court clerk recoverable as costs under the category "fees of officers" under ARS 12-332?

I received an award in arbitration and the arbitrator directed that I should submit a verified statement of costs, which I did, whereupon the other side served an objection stating that my filing fee costs and mailing costs were not recoverable under ARS 12-332. Is he correct?

Adam Studnicki
Adam Studnicki answered on Jan 21, 2016

Filing fees are normally requested as "fees of officers and witnesses" because the clerk of the court is an officer. However, strange things can happen in litigation. Talk to a local lawyer to verify.

Please Take Notice: I am not your lawyer unless we enter into an engagement...
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