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Florida Arbitration / Mediation Law Questions & Answers
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... View 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... View 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... View 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... View 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... View 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.... View 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... View More

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

I am not familiar with Florida law, but in most states you can have a lawyer with you. Of course, you will probably have to pay his or her attorney fees, and also share the fees of he Arbitrator for the hearing, but you will likely fare better with an attorney. Try to find an attorney who is... View More

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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,... View 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... View 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  Turchin
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Jason Turchin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

2 Answers | Asked in Arbitration / Mediation Law for Florida on
Q: What are the biggest drawbacks to choosing to do arbitration rather than filing a lawsuit?
Robert D. Kreisman
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Robert D. Kreisman
answered on Aug 8, 2018

If there is an option rather than some mandatory requirement of a contract to arbitrate, filing a lawsuit has advantages in that the process would be before a court and/or a jury. On the other hand, arbitration may be more expedient and less expensive except that it may or may not be binding and... View More

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1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: Once a court has issued a decision, can I request to arbitrate it if I don't agree with the outcome?
Thomas A. Grossman
Thomas A. Grossman
answered on Jul 9, 2018

I am not sure of some things. What kind of Arbitration are we talking about? Is their a lawsuit filed? In California, where I practice, the Court will often send a case to Arbitration, but the agreement may be that the Arbitration is not binding. However, most Arbitrations are binding, as that... View More

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: What is the meaning of Statutory Demand for Arbitration ?

Received a letter from a law firm representing my HOA telling me this is what will happen if I don't remove a storm shutter from my screened porch (which has been there 4 years)

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 24, 2018

Nearly all HOAs have a set of CCRs that require disputes with the HOA to be submitted to some form of ADR (alternative dispute resolution) before the matter can go to Court. The letter from the law firm was advising you that you must submit your dispute to Arbitration. If it is not resolved at... View More

Q: I was staying at my long time friends home. He got upset with me chanved locks n kep all my personal items and CAT!

Basically the situation is I'm staying with a friend that I've known for a very long time because me and my boyfriend had a disagreement. The friend that I'm staying with changed the locks as well as kept all of my belongings and my cat that isn't even a year old. What can I do in this situation

Drew Bruner
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Drew Bruner
answered on May 31, 2018

This may be both a criminal and civil matter. In Florida, there are generally no "self-help" evictions. If your pet or belongings are also being held without your permission, a crime may have been committed. It is wise to report this to a local law enforcement agency and contact a... View More

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: Are the Florida laws on arbitration in line with federal ones? If not, which law governs the validity of a signed

agreement to arbitrate?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2018

It would depend, in all likelihood, upon the nature of the case to be arbitrated. If it is a state court case, or a controversy which has not yet gone to court, it would probably be controlled by state laws. Only if it's a federal case would it probably be governed by federal rules.

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: If I'm part of a union, can my employer still insist on using arbitration with a mediator outside my union to settle a

labor dispute?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 15, 2018

It would depend on the terms of the collective bargaining agreement. And you should know that arbitration and mediation are two different things. Your union's attorney should be in a better position to answer these questions.

2 Answers | Asked in Contracts, Arbitration / Mediation Law and Small Claims for Florida on
Q: What do I do during a hearing on Defendant's Motion to Vacate Default Judgment on Stipulation?

I sued in small claims for breach of contract and we went to court ordered mediation. We reached a stipulation agreement in which the defendant would pay me money as well as meet at a certain time and place to talk and apologize. The defendant paid but forgot to show up to the meeting and texted me... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 22, 2018

Totally up to you to decide if it is worth hiring an attorney. I would say yes, as now you are going to have to argue your case (or at least the motion to set aside default) against an experienced attorney.

Good luck,

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Florida on
Q: My parents created a trust in AR in 2003 put warranty deed for $100,000 condo, vehicles and bank accounts including CD's

My Dad passed in Oct of 2011 and my Mom Aug of 2017. I was my Mom's 24/7 100% caregiver for 18 months ending in Oct of 2015. At that time my brother (the only other beneficiary) took our Mom to FL and placed her in a care facility. He then 'somehow' got the condo sold (for $74,000),... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 11, 2018

Your first step needs to be hiring a lawyer to review the probate and or trust documents and relevant property records ect. I suggest that a lawyer located in the location where you Mom lived at the time these events took place is the first best start.

Good luck, and hope this helps.

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