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Florida Arbitration / Mediation Law Questions & Answers
2 Answers | Asked in Criminal Law, Arbitration / Mediation Law, Civil Litigation and Small Claims for Florida on
Q: I sold a trailer but because of a EMERGENCY I had to leave state before I could give him his trailer.

Now I have to stay longer than expected. If we made an agreement on payments to pay him back, could he have me arrested of I fail to make payments on time?

Henry George Ferro
Henry George Ferro answered on Sep 22, 2020

Sounds very problematic and you need to either give the money back or get him his trailer immediately...depending on the value of the trailer you could be charged with either a felony or misdemeanor (probably a felony).

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Health Care Law for Florida on
Q: Inappropriate HOA pool classification declaration by HOA Board

We recently formed a small 7 household HOA in order to be able to insure our commons pool/clubhouse jointly owned after the developer left our compound. Our HOA Board has declared the pool to be PUBLIC with draconian State Regulations attached. The Board is refusing to admit they might be wrong... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 31, 2020

No, the pool for common use and the residential lot, unless it is owned by someone other than the HOA is now common area.

Q: Can I sue for condemned condo?

We rent a condominium in Aventura, FL. Recently we had an electrical inspection, where the result was the condo being condemned. The owner wants to sell instead of repair the problems. Is there anything we can do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 13, 2020

Unless you have a written lease that says otherwise, you are not obligated to pay any more rent because you will be required to move. If you do have a written lease you can be sure the landlord will not renew it because he cannot do that if the condo is condemned. Finally, suing is possible, but... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: My Progressive adjuster considered other driver 100% at fault, suggested arbitration. Am I entitled to see verdict?

This was an car accident that took place in Florida. Together with my claims adjuster I agreed to pursue arbitration for reimbursement of deductible and out-of-pocket costs. Apart from supplying my insurance company with an account of the incident, some photographs I had taken and a diagram... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 3, 2020

A Florida attorney could answer best, but your post remains open for three weeks. It's possible the arbitrator asked one or both sides for additional information. It's possible an award hasn't been rendered. Things could take longer than usual because of COVID-19 (courts are only... Read more »

1 Answer | Asked in Contracts, Employment Law and Arbitration / Mediation Law for Florida on
Q: Will I have legal problems if I signed an American Employment contract in another country (mexico) ?

I signed an Employment at-will contract, which was created under our American jurisdiction, but I had to sing it in an another country. The question is related with the uncertain problems that I could have in the future. There is contractual term which indicates that in the case of any dispute or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2020

If and when the contract is ever raised in litigation (or arbitration), be sure to make your attorney aware of it. I don't know what the contract says, but "employment at will" is the law just about everywhere in the U.S. anyway.

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: I need legal guidance to enforce an arbitration decision awarded against a window company located in Pompano Bch.

The arbitrator gave the company until May 15, 2020 to complete the project and they did not. It could be due to the pandemic and they may have gone out of business and they may start up business once the economy picks up. Meanwhile this company is only taking messages when we call and they have... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 25, 2020

It wouldn't hurt to take action now, but if you wait for a few months that wouldn't hurt either.

2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Contracts for Florida on
Q: Can condo association bar missionary family members from staying in family’s home during the covid-19 pandemic?

Is it legal for condo associations in Broward County, Florida, during the COVID-19 pandemic phase 1 of reopening, to restrict a property owner from allowing their missionary family members to go to stay at their residence, for a short term of a couple weeks, as they are stuck without a home until... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 19, 2020

Florida Statute 718.1265 provides in pertinent part:

"Association emergency powers.—

(1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with the provisions of...
Read more »

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2 Answers | Asked in Arbitration / Mediation Law for Florida on
Q: I need a mitigation attorney that can help be a negotiater for my 500ksettlement money

I need a mitigation attorney that can help be a negotiater for my 500ksettlement money between my 2 attorneys (one who withdrew) who wants 40% plus 50k in expenses and the other who was only on my case for 7 months and wants also 40% and 30k in his expenses and says he has 5000hours of his time at... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 2, 2020

Sorry to hear about your mess. I think you are not using correct terminology - do you mean need a mediation attorney, that is, an attorney to mediate between your two attorneys? And if you mean that, have the two attorneys expressed a willingness to have a third person mediate between them, or... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: HOA Presuit Mediation - do the Homeowner have the right the right to know the names of the people involved ?

The Florida Law Firm will not disclose their Client name etc, only hiding behind the HOA,

I do not know if it is the Board of Directors or Property Manager or individual resident.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 14, 2019

A HOA is usually a corporation, which is a legal "person". So the "people involved" is not the same as the individuals who may be directors or individual owners.

If you want to know more, you should tell us more about the issues involved in whatever dispute you have with the HOA.

Q: Our Georgia attorney lost our probate caveat due to his inability to do what we asked! Then dropped my wife from

The contract which was contingent on winning and if it went to appeal he would be there for her?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2019

Is there a question in here somewhere?

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3 Answers | Asked in Family Law, Arbitration / Mediation Law, Child Support and Civil Rights for Florida on
Q: I just filed for divorce and notified my ex's lawyer to which she said they will object, challenging the jurisdiction.

I initiated a request for child support thru DCF and because my ex lives in Texas, the case was sent there for enforcement. However his hearing was deferred because he said he was filling for divorce, yet he never did. This occurred back in April. I never received any official paperwork from the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Aug 2, 2019

If you have lived in Florida for more than six months then you can file for divorce in Florida, even if he lives in Texas. An issue that could arise is did he file for divorce in Texas before you filed in Florida. Regardless, the children's issues will be resolved in Florida if that is where... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Family Law for Florida on
Q: If you have a mediated settlement agreement and one party has violated it, how do you proceed/notify the court?

The agreement states "the parties agree to reserve on child support". The wife has in the last 3 weeks caused a lien to be placed on property for child support. A real estate deal to sell the property is now jeopardized.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 2, 2019

This question cannot be answered without first reviewing the ENTIRE mediated agreement, not just one (very unclear) sentence. Nor is it clear how "the wife in the last 3 weeks caused a lien to be placed on property for child support" unless the husband is in arrears on child support.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Civil Litigation and Family Law for Florida on
Q: What can be done if a parent fails to notify family court in his initial petition about prior dependency court case?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 21, 2019

It appears you have asked this same question before, with some added facts. Therefore I will refer you to my previous response I just posted.

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Florida on
Q: Father did not give notice of prior dependency case when filing for timesharing in family court.

Magistrate and judge gave sole custody to mother with no visits to occur in fathers home, yet because the family judge didn’t know about prior case he turned the child over to fathers custody in an ex parte order and it’s just skyrocketed and flipped young child’s life upside down. What can... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 21, 2019

Wow. Your situation is very unusual. Based on my personal experience, there must have been some very compelling reason why your sole custody was revoked and the child given over to their father--by an ex parte proceeding. Do not try to call the magistrate or the judge. If you think the magistrate... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: I have a real estate dispute that's supposed to be mediated first

- what would be the next step if I didn't like the outcome?

Thomas A. Grossman
Thomas A. Grossman answered on Dec 7, 2018

If the parties don't like the outcome of the mediation, the next step is to go to binding Arbitration. I assume that the escrow papers have a mediation and an arbitration provision in then, and that both parties of signed both provisions. If one party has not signed the agreements, the there... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: What is the difference between settling a lawsuit and mediating a lawsuit?
Tim Akpinar
Tim Akpinar answered on Dec 2, 2018

I do not practice in Florida, but in general, settling a lawsuit essentially means reaching an agreement with the other party or their insurance carrier. Mediating the lawsuit means going before a mediator who works toward trying to help the parties reach an agreement. This is general information.... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Medical Malpractice for Florida on
Q: How common is arbitration used for medical malpractice cases and are ALL arbitrators lawyers?
Tim Akpinar
Tim Akpinar answered on Oct 30, 2018

I do not practice in Florida but your question has not been picked up in four weeks. Arbitration is an accepted forum for medical malpractice cases and is used in Florida. A Florida medical malpractice attorney could give you more meaningful guidance on this subject specific to your state, but as a... Read more »

2 Answers | Asked in Arbitration / Mediation Law for Florida on
Q: When I go into arbitration can I still have a lawyer?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2018

Certainly.

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2 Answers | Asked in Arbitration / Mediation Law, Contracts and Consumer Law for Florida on
Q: Exemptions to arbitration clauses

I am fairly certain I am a vicctim of auto sales fraud, there's plenty of details but basically the odometer number was changed from my purchase agreement (133k) to 113k on my buyer's order. The VIN also does not match the class car I thought I bought (was supposed to be sports edition,... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Aug 26, 2018

Most consumer contracts these days contain an arbitration clause. Usually it is hidden in the fine print. You could try filing a . expensive and faster to get a hearing. The bad news is that if you sue in SC Court and lose, your case is done. Whereas, if you win, the defendant has a right to... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Florida on
Q: Can new evidence be introduced at mediation or no?

I have mediation soon and want to know if it's possible to introduce new evidence in the form of a video recording at mediation in an effort to help improve my case or does all evidence have to be entered into evidence before mediation so that the opposition can have time view it?

Jason S. Turchin Esq.
Jason S. Turchin Esq. answered on Aug 23, 2018

If it is mediation, you may be able to still introduce additional evidence, since mediation is confidential and for purposes of settlement typically. As to whether you can actually use the evidence if the case proceeded to trial, it depends on the case, and the status of it. If you want the other... Read more »

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