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California Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Lemon Law for California on
Q: Hello. I would like to know if you can file a complaint against the bbb in your state? If so, whom would I contact?

Faulty arbitration results in my loss. Severe weather preventing me from demonstrating my case due to safety concern. Please reply respectfully.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 1, 2017

You can sue such a company in civil court if you have a valid factual and legal basis. You may be able to appeal the arbitration decision as well, depending on the arbitration agreement terms. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Business Law and Arbitration / Mediation Law for California on
Q: how i can defend myself from cslb mishandling my case and avoid license suspension? cslb interfere in small claim court

i am licensed Contractor certified by CSLB,i received notice of automatic suspension,code section 7085.6.

i did work for the other party(plaintiff)and he did not want to adhere with the contract

i did not comply with the Arbitration award ,because of cslb mishandled my case ,and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

You might be able to appeal the decision of the arbitrator, if you do so in a timely manner. Judges and arbitrators quite often make factual and legal errors, suffer from bias, or simply don't pay attention to facts. It may be worth it to you to appeal, or not - depending on what you're... View More

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California on
Q: Can public service employee pension be used to order child support amount. There's no income left after living expenses.

If his personal living expenses. Is considered As a deduction, then there is nothing left to support his second child with me,

can his monthly pension deduction be used for support?Can I also ask for automatic increase once his alimony is over

This is his second child. We have one... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

His income and expenses should be declared in the child support proceedings. The Court makes a decision based on all facts presented. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice;... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: What happens when the parents can't agree on a custody arrangement and one of the parents refuses to see a mediator

I am wanting to move from the residence but don't want to look like the absentee parent in the courts eyes. I have been urging the other parent to agree to a 50/50 custody arrangement but she refuses. And also refuses to see a professional mediator. What do I do?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 7, 2016

It's time to file for child custody rights in Court. In some counties, mediation is often court-ordered right off the bat. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: how do we get a mediator?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 6, 2016

You can search online or try ADR companies, the Bar Association, or asking lawyers for referrals. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any... View More

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: I would like to do divorce mediation

I'm worried I'll get locked into something and then won't have the courts to go to, is that how it works?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 1, 2016

Typically both parties should volunteer for mediation unless it's court ordered. Collaborative Divorce may be an option where parties are in substantial agreement over the issues. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: What's better in attorney fee arbitration for client/public: the Client Security Fund or the Beverly Hills Bar Assoc.?

We file a complaint against unscrupulous attorney with the California State Bar.

We now want to file claim requesting attorney fee arbitration.

Also how long does arbitration take?

How much (estimate) would an attorney charge to represent in arbitration?

Where can... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 7, 2016

Your first priority should be the malpractice claim. For that reason I suggest you search for a lawyer who handles legal malpractice. There are not very men of them, but I suspect the Beverly Hills Bar Association might have a list. If that does not get you one, try the L.A. county Bar... View More

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for California on
Q: I made a settlement agreement in mediation on feb16.2016 i signed grant deed to prop. Over to someone in the event

That i didnt meet my terms in 90 days however the plantiffs atty. Used his position to file that on may17.2016 without hsving met their obligations and the loan is still in my name and my atty. Quit 2days before the settlement agreement had expired

Is it legal for them to have used a 3month... View More

Richard Samuel Price
Richard Samuel Price
answered on Jun 19, 2016

Unfortunately, this forum is not suitable to answer your questions. Only after a thorough reading of the settlement agreement and an understanding of the litigation will someone be able to advise you. Please contact an attorney for a full consultation.

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for California on
Q: Can presiding judge also act as mediator? How to object to judge's ruling and get case heard by a different judge -

Trustee 3 years late in submitting accounting and it's over a year old. Trying to assess all trust expenses to one benef. - property taxes, income taxes, her attorney's excessive atty fees, accounting charges in excess of $4,000 for preparation of taxes, which weren't due but... View More

Richard Samuel Price
Richard Samuel Price
answered on Jun 8, 2016

This forum makes it difficult to fully answer your question. You'll have to find a local attorney to review your case and the facts to see what you can do next.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: City wants us to mediate with a church behind our house due to excessive noise but mediation does not impose solutions.

What if we go thru with mediation with the church & they continue with excessive noise? If mediation does NOT impose solutions.

Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

Mediation is generally not binding but it can help to resolve disputes.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: What happens after I mediate. Does this give them the right to collect attorney fees after this in an adversarial action

Is it better to do the mediation after the discovery has been concluded?

Ray Beckerman
Ray Beckerman
answered on Sep 4, 2014

Mediation is a consensual process, the purpose of which is to assist the parties in arriving at a mutually acceptable settlement. I think it is best to do it as soon as possible, since one of its purposes is to help the parties avoid litigation expenses.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: 1) If two parties have retained attorneys is it too late to go to arbitration? How does one go about initiating arbitrat

Tion. Does it involve dismissing current counselors and hiring a different person to arbitrate the case?

Steven M. Vartabedian Justice (Ret.)
Steven M. Vartabedian Justice (Ret.)
answered on Mar 3, 2011

No it is not too late to arbitrate if you have retained counsel and there is no need to change counsel. In arbitration, the parties and their attorneys pick a third party neutral to decide the dispute. This is usually done for several reasons, including to save the time and costs it might take to... View More

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