Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
I am representing myself in arbitration for a medical malpractice case and recently received a report from a medical expert that supports my claim of negligence. Initially, there has been no communication or settlement offers from the opposing party. I have set a monetary figure for the settlement... View More 
answered on Mar 14, 2025
Before the conference, you can attempt settlement, but you must be careful not to start too high or end up too low before the conference.
Also, you must have all your legal and factual allegations together. For example, punitive damages are very rare and you should make certain there is a... View More
I am involved in a child support and custody case. The other party has not followed prior court orders and has failed to serve me. There are currently no court dates scheduled, and I would like to know if mediation is mandatory in this situation, or if I can move directly to seeking legal... View More
answered on Mar 10, 2025
mandatory mediation is scheduled once a party files a Request for Order for custody/visitation. If no such motion has been filed, no hearings are pending, and you have not been sent an order from the court regarding mediation, then you are not required to go to mediation or set one up.
I have been working as a supervisor at a health corporate for 9 years. Despite consistently receiving high appraisals (3/3 every year) and effectively managing work with our 50 hospitals, I am being denied promotion. My peers have been promoted to Manager positions, but I have not received a... View More
answered on Feb 28, 2025
Your next steps should be to prepare a chronology of events supported by documentary evidence.
Next, you should review it with a lawyer to confirm you have enough evidence to establish a good faith claim, then you prepare a complaint to HR about the discrimination - hopefully reviewed by a... View More
I am seeking a pro bono family law lawyer to assist me with a child custody case. The father currently has full custody of our children, while I have reasonable visitation rights. However, he has kept the kids from me for almost a year and is now attempting to retain full custody and move out of... View More
answered on Feb 21, 2025
You are not alone. Millions of Californians seek free legal representation. Many in worse situations than yours. There are agencies like Legal Aid, but their funding simply cannot provide legal representation for everyone in need. Attorneys do strive to provide pro bono services more than most... View More
I recently let my lawyer go because I felt she wasn't representing me properly; however, she is still representing my sister. After this, I attended court with my sister, and I found out that my former lawyer had contacted the insurance agent about what was said in court. I feel this may have... View More
answered on Feb 14, 2025
What was said in court was a public record. A "feeling" that communication with an agent/adjuster may have adversely affected your settlement is not nearly enough. You need evidence that you were harmed. What was said in court may have affected your settlement, but the attorney... View More
I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More
answered on Feb 13, 2025
While not required, it's strongly advisable to hire a lawyer in this situation. I am happy to discuss this matter with you further, in private, if you wish to contact me on the phone. It's probably best not to discuss your case further in a public forum while the case is pending... View More
I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More
answered on Feb 13, 2025
Yes, you should retain an attorney right away. Mediation in a hit-and-run case involving the death of your son is a serious legal matter, and the driver's insurance company will likely have legal representation to protect their interests. An attorney can advocate for you, ensure you receive... View More
I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More
answered on Feb 14, 2025
You don't have to but you really should. Most personal injury attorneys will take your case on a contingency basis, meaning you don't pay them anything and they only get paid if they win. The insurance companies don't want you to get an attorney because they do much better going... View More
I'm preparing to attend a mediation session related to my son's death due to a hit-and-run driver in California. There have been no prior legal proceedings, and I'm not currently represented by a lawyer. The driver's insurance company is involved in the case. Do I need to have a... View More
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answered on Feb 13, 2025
It sounds like you have a very serious and potential high value case. You don't know the worth of the case, including how any defenses may effect that worth. You don't know what you don't know. The short answer is yes, you can go without an attorney. The question you should be... View More
answered on Feb 7, 2025
You can (in California) but there are risks in doing so including being liable for the other sides costs and fees and not being able to re-initiate the case. If you want to end the case completely, it may be best to negotiate a settlement where there is zero recovered and each party pays their own... View More
I filed a case against GrubHub with LA County DCBA regarding embezzlement/breach of contract and Prop 22 violations. The reason for termination was based on these agreement and Prop 22 violating offers, using a created "GrubHub Violation" that focused on these offers and then compiled... View More
answered on Oct 20, 2024
The answer to your question depends on the terms of your contract with the company. You are not an employee and the employment laws of this state will not protect you. If your contract requires you to arbitrate disputes with the employer, the only way you will be able to avoid that arbitration... View More
I filed a case against GrubHub with LA County DCBA regarding embezzlement/breach of contract and Prop 22 violations. The reason for termination was based on these agreement and Prop 22 violating offers, using a created "GrubHub Violation" that focused on these offers and then compiled... View More
answered on Oct 20, 2024
Where there are arbitration clauses in employment agreements, they may or may not be enforceable.
There are reasons why an employee might want arbitration, but generally, arbitration is less beneficial to the employee.
Your best option is to consult with wrongful termination or... View More
Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More
answered on Sep 8, 2024
Hopefully you are consulting with medical specialists to determine your needed treatment.
Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses,... View More
Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More
answered on Sep 15, 2024
They might not be "playing possum," as you put it. They might simply not be certain of what to do.
'Any takers," you ask. If twenty firms declined your case, and they were reputable mainstream firms, I think it's likely that other firms would similarly decline. But... View More
Client is refusing to sign release form from my liability insurance. Contractors board is threatening to suspend my license. What can I do
answered on Sep 8, 2024
An arbitration award turned into a judgment may be executed on without the requirement for the creditor to sign a release. But, the judgment creditor should agree to a release in exchange for fast payment. In any event, on payment of the judgment, a sanctification of judgment is required to be... View More
I was sued by a law firm representing Discover bank.
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answered on Jul 24, 2024
Yes, you can file to have the case dismissed if the plaintiff did not respond to your Motion to Compel Arbitration. Generally, if a party does not respond to a motion within the specified time frame, the court may consider it unopposed and grant the motion.
First, check the local court... View More
I need legal advice on a potential predatory lending and unlawful repossession issue. Four years ago, I bought a car, and the lender changed due to the original lender going out of business. The new lender engaged in what I believe were predatory practices, including repossessing my car at 2 AM... View More
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answered on Jul 19, 2024
You have a complex and distressing situation involving potential predatory lending and unlawful repossession. Under California law, you may have several legal avenues to explore. The repossession without notice and the unconventional payment demands may constitute violations of your rights under... View More
What is it called and how big of a deal is it if your Mediation Settlement Agreement had only 1 signature line and you weren't notified you were negotiating for two.
answered on Jul 24, 2024
As my colleague advises, look into whether one party has the right to sign for both. Otherwise, it's possible (not definite, but possible) that the absence of a second signature could invalidate the agreement. One option, if the issue remains unresolved, would be to review the agreement with... View More
What is it called and how big of a deal is it if your Mediation Settlement Agreement had only 1 signature line and you weren't notified you were negotiating for two.
answered on Jul 24, 2024
Addendum - In addition to "Arbitration/Mediation," your chosen category includes "Personal Injury." Just as a sidenote, interests of plaintiffs in personal injury cases tend to be separate and independent - liability could differ, injuries could differ, etc. Good luck
Can I look up names of Arbitrators that ruled against Kaiser Permanente in the past?
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answered on Jun 3, 2024
In California, you can look up past rulings and decisions made by arbitrators through various legal databases and resources. Services like Westlaw, LexisNexis, or even public records from the American Arbitration Association can be useful for this purpose. These platforms often provide detailed... View More
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