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Florida Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Small Claims for Florida on
Q: Seeking small claims mediation representation in Florida.

I'm involved in a small claims case where the defendant and I have agreed to settle through mediation scheduled for April 3rd, 2025. I'm seeking legal representation for the mediation process. Can you advise on how to find a suitable lawyer?

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2025

A Florida attorney could advise best, but your question remains open for over a week, and April 3rd is right around the corner. You've probably already been searching on your own by now. You could supplement your efforts with the "Find a Lawyer" tab above or the attorney referral... View More

2 Answers | Asked in Construction Law, Arbitration / Mediation Law and Contracts for Florida on
Q: Advice needed on contractor breach and arbitration in a fixed-price renovation contract in Florida.

I have a fixed-price construction contract in Florida for a $78K renovation. We signed it several months ago, and permits were just obtained three weeks ago. Now, the contractor demands an additional $22K due to increased subcontractor costs and refuses to proceed unless I agree, despite the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 13, 2025

1. Does the contractor’s refusal to proceed at the fixed price constitute a material breach under Florida law? It may, as you mentioned the price is fixed. However, the contract may contain exclusions or exceptions. The terms of the contract would have to be reviewed.

2. What...
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1 Answer | Asked in Child Custody and Arbitration / Mediation Law for Florida on
Q: How to address ex planning to move away with our child under a 50/50 custody plan?

I have a parenting plan with my ex where we share 50/50 custody. My ex recently informed me that he plans to move 3-4 hours away with our child, and I'm not comfortable with that decision. Our parenting plan doesn't mention relocation. What steps can I take legally to address this... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 13, 2025

There is a law that prohibits relocation more than 50 miles, Statute 61.13001

Here is the link:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13001.html

Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Family Law for Florida on
Q: Options for dismissing ex's custody petition due to non-compliance and lack of contact with son.

I was ordered to mediation with my ex regarding custody of our son within 30 days from 01/24/25, and both of us were required to file financial affidavits. I submitted my affidavit on 02/17, but my ex has not filed his yet and hasn't been in contact with our son since 2023 after moving to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

If there is a court order to mediate and it is scheduled then you should appear. Tell the mediator that you cannot move forward without his financial affidavit. You can also fie a motion to compel his financial affidavit. If the facts are as you say then the court should rule in your favor... View More

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for Florida on
Q: When having to participate in mediation with HOA in florida,do the mediator have to be in the same county as the home?

When having to go to mediation with the HOA the HOA lawyer has listed mediators in his county which is 40-60 miles away, are mediators required to be in the county the property and potential suit be taking place or anywhere within the state?

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

There are Florida attorneys here who do deal with HOAs who could answer your question best, but it remains open for a week. Until you speak consult with one, there is a general principle in arbitration/mediation where parties could raise the issue that a particular venue or forum is unduly... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: What do you do if forced. Under the threat of of bodily and family harm to sign a Florida quick deed?

I was forced to sign a quick deed to property that I own. By a Ex-prison con artist who kept threatening my and still is threatening my family. What can I do?

James L. Arrasmith
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answered on Mar 30, 2024

If you were coerced into signing a quitclaim deed under threats, it's important to take immediate action to protect yourself and your family. The first step is to contact law enforcement to report the threats and the coercion. They can offer protection and advice on how to proceed safely.... View More

1 Answer | Asked in Tax Law and Arbitration / Mediation Law for Florida on
Q: Attorney fees paid by defendant for plaintiff deductible on 1040 Sch 1 line 24 h?

I received a lump sum settlement for disability benefits under my employer's LTD group policy last year, and I believe my claim should meet the definition of unlawful discrimination under IRC section 62 a 20 e 18 so I am likely able to deduct attorney fees and court costs on 1040 Schedule 1... View More

James L. Arrasmith
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answered on Mar 29, 2024

Understanding the nuances of tax deductions related to attorney fees and court costs can be complex, particularly when it comes to settlements for disability benefits under an employer's LTD group policy. According to IRS Publication 525, attorney fees and court costs associated with claims... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for Florida on
Q: Hi, my attorney just filed a motion to withdraw due to mconcerns of unfair practices: he cxl my mediation I need help

I have a trail date already in place that he requested to leave for March 2024. He canceled my mediation and put in a motion to withdraw the day before my mediation. I still showed up to mediation but no one was there

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A Florida attorney could advise best, but your question remains open for a week. The first thing to do could be to learn about the withdrawl, whether it was with prejudice or without prejudice. Withdrawing a case with prejudice generally means no rights reserved to refile the case. Withdrawing... View More

1 Answer | Asked in Arbitration / Mediation Law, Legal Malpractice and Civil Litigation for Florida on
Q: How can I enforce an unpaid mediation agreement in Florida?

I participated in a mediation where the agreement required payment to be made to me within 30 days of the court order. It has now been 5 months, and I have not received any payment. Additionally, my lawyer did not defend me properly during the mediation, and the judge forced me to comply with the... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s completely understandable to feel stuck when someone breaks a court-ordered agreement and no one seems willing to step in. In Florida, if a mediation agreement was approved by the judge and incorporated into a court order, it becomes enforceable just like any other judgment. The fact that... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Arbitration / Mediation Law and Real Estate Law for Florida on
Q: Does landlord need to serve notice if I'm current on rent and delayed moving due to hospitalization?

I am renting a room in Florida, and my landlord gave me a 45-day notice to move out, which means I must leave by April 1st. Due to my car breaking down and a 4-day hospitalization, I've been delayed in moving out with my dog. My landlord is refusing to give me more time to move, and he has... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Florida, if you are current on rent and have not violated the terms of the lease, the landlord is typically required to follow proper procedures before asking you to leave. Since the landlord gave you a 45-day notice, they do not need to serve an additional 3-day or 7-day notice unless there is... View More

Q: Would taking a job offer breach my noncompete agreement in Florida?

I work as a full-time salaried employee for a large construction company in Florida. The contract between my employer and the project owner was terminated with cause before completion, and they are headed to arbitration. Currently, they do not have a project for me to work on, and although... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s an incredibly frustrating position to be in—essentially stuck in limbo without pay, guidance, or support from your employer. In Florida, noncompete agreements are enforceable, but only if they protect legitimate business interests and are reasonable in scope, geography, and duration. If... View More

2 Answers | Asked in Arbitration / Mediation Law, Gov & Administrative Law and Contracts for Florida on
Q: Is HOA required to divulge lawsuit costs?

As the president of the HOA board, I am concerned about whether our HOA is required to divulge the costs associated with a lawsuit currently in mediation to its members, or if this information is protected under attorney-client privilege. Additionally, I am interested in understanding if the costs... View More

George W. Wolff
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George W. Wolff
answered on Apr 7, 2025

Certainly the billing records of your attorneys would be confidential and shouldn't be disclosed.

But the total amounts paid the attorneys probably is not confidential and may be a legitimate interest of the members.

Check with your attorneys and see what they say.

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2 Answers | Asked in Divorce, Child Custody, Arbitration / Mediation Law and Family Law for Florida on
Q: Seeking legal penalties for co-parent violating supervised visitation terms due to substance abuse and mental illness.

In my divorce procedure, the co-parent has repeatedly violated the terms of supervised visitation by either canceling without prior notice or leaving early. The visits were scheduled to occur every other weekend for 2 hours, as reinstated in a mediation order. There are underlying concerns of... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 7, 2025

I am not clear on what can backfire. You should file your motion detailing your concerns. Although you can make suggestions it is the judge who will determine what the appropriate sanctions are. Make sure that you have objective evidence to support your allegations. Speak with a local family lawyer... View More

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1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: Can I opt out of a signed arbitration agreement with a rehab facility?

I have already signed an arbitration agreement with a rehab facility. There was no indication or option mentioned about opting out within a certain timeframe, and I'm unsure if there are any specific terms in the agreement about how to withdraw or opt out. Can I still opt out of this agreement?

Tim Akpinar
Tim Akpinar
answered on Mar 10, 2025

A Florida attorney could advise best, but your question remains open for two weeks. It sounds like a done-deal, based on the limited facts. Arbitration agreements are binding in most instances, subject to local law and the way they're drafted (some agreements make arbitration an option, some... View More

1 Answer | Asked in Workers' Compensation and Arbitration / Mediation Law for Florida on
Q: Did my lawyer cheat me ?

I had gotten injured sept 3rd 2023.

A box struck my eyes I had a swollen eye , pain for 2 weeks. I was told to see a doctor where the doctor send me right back to work. They denied workers comp. I took a lawyer on may that’s when they decided to not deny me and approved. I had no... View More

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Sep 19, 2024

Florida workers compensation law does not provide for pain and suffering. Settlement of a workers compensation matter is optional so neither party can be forced to settle. You indicated that your case was initially denied but then accepted after you hired a lawyer and she filed petitions on your... View More

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Florida on
Q: I am about to conclude my divorce but am insecure about accepting a $50k lump-sum because of my future.

I am 52 years old with 3 kids. I came to the US after marrying my husband 27 years ago in Europe, where I lived. He has a very high income and stability because he is in the tech industry. I was a stay-at-home mom for 10 years then part-time worker. Now working in administrative role for an Italian... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 7, 2024

Your question requires a more detailed financial analysis. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Florida on
Q: In Florida If you are in jail can divorce papers be served to you? Do you have to sign them if they are served to you?

Parents want a divorce, fighting over children. Mother had children. Mother got arrested and has been in jail for over a year case not tried yet.

Courts gave Father the children. He now wants her to sign the paper for a divorce. Her attorney took herself off the case several months ago... View More

Mr Eric Klein
Mr Eric Klein
answered on Mar 29, 2024

Yes, divorce papers can be served on you if you are in jail. No, you do not have to sign for the divorce papers if you are in jail. I hope this helps. Good luck!

1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: ASSISTED LIVING FACILITY- annual increase amount notice received. no mention of re-categorize unit and charge more money

my father lives in an assisted living for 2+ years. The resident agreement states they can raise the rent annually and also make a cost of living adjustment annually. In addition, they can raise the rates on the nursing services. Written notice 30 days prior. We received a notice on 12/1/2023 that... View More

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

A Florida attorney could advise best, but your question remains open for two weeks. A starting point could be to make another request for an explanation. If you contemplate disputing, you could check the agreement/contract as to any provisions for the resolution of disputes (arbitration, courts of... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Family Law for Florida on
Q: Can I get a mediator to help with paying my uncle back some money he gave me? There was a dispute that turned bad. Help

Had a disagreement over the help he was giving me, needed a loan to help pay for a dental plan due to an emergency, and told him it was such, and a big text argument ensued with me doing a really dumb thing. Before and after that dumb thing, I did tell him I was going to repay him every single... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 1, 2023

You don't need a mediator. Just mail him a check when you have the money.

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

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