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California Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Is there any way to appeal the results of an arbitration?
Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jul 20, 2017

Unless your arbitration is a court arbitration, where you are allowed to demand a trial "de novo", the grounds to have an arbitration award overturned are extremely limited. You would have to go over the award and facts with a litigation attorney.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: Is it possible to appeal the outcome of an arbitration?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 14, 2017

Was it binding arbitration? There might be a basis for appeal, but it depends on the reasons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,... View More

2 Answers | Asked in Arbitration / Mediation Law, Child Custody and Family Law for California on
Q: I went to mediation with the mother of my children came to an agreement but never signed.can I break the agreement?

She has not seen them for 3 years. I have full custody. She had visitions but never showed up. She is now "clean" and asking for custody or visitations. I never signed the agreement at mediation. I had to go back with the monitor information but I haven't and don't want her to... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 22, 2017

There is no agreement. If you didn't sign it, it's not an agreement, thus nothing to break.

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1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for California on
Q: Inherented prop, paid off, 3 owners. Dispute over priv. Sale, open mkt and price for sale. Can 1/3 refuse entire sale?

One of the three inherited owners wants to sell an open market as opposed to privately and is blocking the entire transaction and claiming it has to be put on open market. Can she actually force it without Court action? IE just call A realtor and list the property, find a buyer and evict the... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 16, 2017

Yes, the one third owner can refuse to sell their share. The other two can sell their shares. Since most buyers are not interested in such transactions, you may want to file an action for partition.

Q: I filed my complaint with California BRE in August 2016, investigation is still active n ongoing.

Once BRE files accusation, can i use this against broker in civil court?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 1, 2017

That might serve as some evidence. Have you already filed the civil case? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

3 Answers | Asked in Arbitration / Mediation Law and Personal Injury for California on
Q: Is it common practice for a lawyer to set up a personal injury trial date even before a mediation hearing has happened?

I understand that my attorneys charge rate goes up after a trial date is set, I however thought that a trial date was to be set after failing to reach. Settlement during mediation/arbitration. A month agoI recieved a letter stating that a trial date has been set for the summer of 2018. Now 1 week... View More

Randall R. Walton
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answered on May 31, 2017

It's not clear what jurisdiction you are in, but in San Diego there is a case management conference a few months after the lawsuit is filed. At that conference, the judge will ask if the parties are interested in mediation, and, if so, require that it be completed by a certain date. The trial... View More

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1 Answer | Asked in Contracts and Arbitration / Mediation Law for California on
Q: I was not aware that mediation was an option in the county where I live so I requested a mandatory arbitration hearing.

I was not aware that mediation was an option and I requested a mandatory attorney/client fee arbitration. Actually I was forced into it by my attorney who sent me the form notifying me of my right to arbitration. I basically stressed because I received it right before the 'cut off' date... View More

Louis George Fazzi
Louis George Fazzi
answered on May 27, 2017

Usually an attorney who hasn't been paid for her/his services is required to notify the client of her right to arbitration of the fee claim before the case gets filed as a collection action in court. So the attorney was following the steps outlined by the State Bar for a fee collection matter.... View More

2 Answers | Asked in Contracts, Arbitration / Mediation Law and Business Law for California on
Q: Am I bound to an agreement that wasn't countersigned even if I signed, sent a 50% deposit, and work has started?

Agreement was drafted by other party, I signed (they never did), and I transferred 50% deposit and work started. Before it was signed, I indicated changes would likely have to be made on other 50% (over text, they agreed) and shared examples of what the client expected.

First 50% was of... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 27, 2017

Have a lawyer review the contract and the facts to determine your rights and duties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

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1 Answer | Asked in Arbitration / Mediation Law and Probate for California on
Q: My mom passed away and had no will or power of attorney i have her car but dont know how to put it in my name

Its just sitting stacking up fees

Richard Samuel Price
Richard Samuel Price
answered on May 3, 2017

If the vehicle was the only asset of your mother and you are the only heir to her estate, then you can transfer the vehicle to yourself with the Department of Motor Vehicles. Go to the DMV with her certified death certificate and the car registration and title. They will give you the forms to... View More

1 Answer | Asked in Arbitration / Mediation Law and Employment Discrimination for California on
Q: I have had my aribritration hearing, and I am almost 4 weeks pass the decision date what should I do. Thank You

Just need some information just getting concerned

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 27, 2017

It depends on the terms of the arbitration agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

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.

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