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Florida Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: If your case goes to arbitration do you have to file a brief?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 3, 2018

It depends on what kind of case it is and how it was referred to arbitration. You should get instructions for the arbitration from the referring court or from the arbitrator. Such instructions should provided for briefing, among other things.

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: Are mediators judges?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 16, 2018

No, they're not judges.

A mediation is a process by which resolution of a lawsuit is attempted to be resolved without the court (judge) making the decision. The parties (plaintiff and defendant) meet with the mediator who attempts to get the parties to agree. If the mediation fails,...
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Q: I have purchase with sellers who used their attorney as escrow agent. They refuse to show me escrow statements in fl?

Attorneys are trying to get me to sign a cancellation where sellers (who are holding the escrow and not attorneys) will keep my emd. Sellers never disclosed septic, electrical and structural damage and I found out from code enforcement that they were cited in 2011. Sellers also made false claim to... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 30, 2018

A lawyer is involved on the other side. You need to hire your own lawyer to deal with this situation.

This is way more complicated than this site is designed for.

Good luck,

2 Answers | Asked in Real Estate Law, Arbitration / Mediation Law and Stockbroker Fraud for Florida on
Q: I am selling a home which the buyer backed out of the contract. How can I get the escrow agent to release those funds?

The buyer was in breach and did not secure their loan, apply and get approval from the HOA, but the escrow agent holding the deposit is stating the buyer must agree to releasing the funds.

Hollywood, FL

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

No way to say without first reviewing the contract documents. The refund of EMD can be a tricky topic that depends upon a variety of facts. Consult with a real estate attorney in the Hollywood, FL area.

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1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Banking for Florida on
Q: Did the lender have the right to take my car away?

My mother has a car that she's paying off. She was misinformed about her payment date so when she woke up this morning her car had been repossessed. I'm in hot water because that car is also under my name so a repo will affect both of us. Now, she paid off the balance today (the same day... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Nov 30, 2017

Your situation is way too complex to try to answer online. You need to consult with an attorney in your area face to face.

Good luck.

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Florida on
Q: Can I get spousal support in Florida if I was married for 5 1/2years when filing for divorce

My spouse makes more money then me. Also if I filed and decide to put a hold on the divorce can I do so?

Mr Eric Klein
Mr Eric Klein
answered on Nov 8, 2017

Generally, you may get spousal support in Florida so long as you have a need AND your spouse has the ability to meet that need or pay. The amount of time you would receive spousal support is roughly half the length of the marriage, or in your case, two to three years. Your next question does not... View More

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: Contract/agreements contain a locale for arbitration benefiting 1 party. Can it instead have 2, "complainers" choice?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 29, 2017

If I'm understanding your question, can the contract provide that arbitration will be at the locale picked by the party who exercises the right to arbitrate?

Certainly. In general, a contract can contain any provision agreed to by the parties to the contract, if not prohibited by law....
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2 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Legal Malpractice for Florida on
Q: Is this broker being a bully ?

I own an apartment.

I signed a listing agreement with an agent (call it agent X of brokerage ONE) to sell it. It was signed on dec 16 and expired in may 17.

In june 17 my agent X was contacted by an agent, lets call it Y of brokerage TWO, to have info about my apartment. A month... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 18, 2017

Sounds like brokerage Two does not have a case, based upon your fact scenario.

I suggest that you should consult with a real estate attorney in your area to review the listing contract and any other documents that you have to be certain that nothing exist that could make you liable.

Good luck.

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1 Answer | Asked in Arbitration / Mediation Law, Employment Law and Workers' Compensation for Florida on
Q: 3 Year Case Without Mediation. Confused, please help?

My father has a 3 year old workmans comp case that is ongoing. His workmans comp lawyer advised my father at both medications that he should not accept the insurance companies offer. Taking the advise of his lawyer, he declined the offers. The last mediation was scheduled for March, however when... View More

Mitchell Feldman
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Mitchell Feldman
answered on Jun 21, 2017

The insurance company has no obligation to settle.

If you cannot get it done or push them you can obtain new counsel who may have fresh ideas and strategies to get them to the table.

1 Answer | Asked in Arbitration / Mediation Law and Small Claims for Florida on
Q: Are damages allowed in small claims court if the case goes to mediation?
Kevin L Dixler
Kevin L Dixler
answered on May 2, 2017

This does not appear to be an immigration question. However, more information is needed.

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Florida on
Q: process of purchasing a home ater giving us a conditional letter lender backed out, can escrow be refunded

Our contract was executed on January 19 to close in 45 days March 17. We had a conditional letter on 15 March and extend it to close on the 31st. We had a contingency on loan commitment FHA. They backed out on the 31st. Conditional letter stated that certain conditions need to be met in order for... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 3, 2017

Typically, the issue of whether you get a refund has to do with your contract with the seller and not necessarily with the lender. Whether you can get a refund will be dependent upon the wording of your contract. I suggest that you need to meet with a real estate attorney to get an evaluation... View More

2 Answers | Asked in Banking, Contracts, Real Estate Law and Arbitration / Mediation Law for Florida on
Q: Seller refuses to release earnest money deposit. Wants to split the 5k. I think is unfair. I offered 1k but wants half.

I have a standard FL Real Estate contract that was executed on 12/06 . Closing date was 1/19 but due to some delays by the condo assc. providing some updated docs and by lender. I had to ask seller for extensions. Seller was at all time informed and in contact with lenders as well. Last ext.... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 16, 2017

I suggest that you speak with a real estate attorney in your area. The real estate contract should govern the result here. However this type of situation will turn upon small details of dates and times. You need a lawyer who can read the signed contract and related emails and then Give you an... View More

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1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: I've heard that arbitration clauses unfairly benefit the company requesting them (like a nursing home). Is there any

truth to that claim?

Gregory P. Farrar
Gregory P. Farrar
answered on Feb 14, 2017

Arbitration clauses do favor the company by allowing them to choose the forum and the process to settle controversies. It denies the other party use of the jurisdictional legal system and denies them of their right to a jury trial.

1 Answer | Asked in Arbitration / Mediation Law, Child Support and Divorce for Florida on
Q: custody divorce relocation

im married but separated. I have a 2yr old daugther in common and an 8 yr old from my past relationship. i will be moving to florida on the 24 th with an authorization letter i have signed by my spouse and notarized. the letter states i can move with my daugther. i did come back to pennsylvania and... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 17, 2017

I do not fully understand your question. You need to be in one place for six months to establish jurisdiction.

1 Answer | Asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Florida on
Q: the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993).

I'm a college student studying business, I have read the case and can't determine who won after the Union appealed the vacating of the arbitration award. Who won the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993). Exxon Shipping or Union? If Union why?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 24, 2016

Here is the summary of the opinion:

"The Exxon Seamen's Union has appealed from a district court order vacating an arbitration award that required the Exxon Shipping Company to reinstate an able bodied seaman on an oil tanker who was found to be highly intoxicated while on duty./...
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1 Answer | Asked in Contracts and Arbitration / Mediation Law for Florida on
Q: I'm looking for case law where a Florida Judge ordered fines, penalties, and/or jail time for contempt of a court order

I'm looking for law cases where a Florida Judge ordered fines, penalties, and/or jail time for contempt of a court ordered Mediation in which one side of the case violated a mediation agreement

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2016

Extensive research for such case law is probably beyond the scope of what most attorneys here are willing to do free of charge. If you would like me to do such research, for a fee, please send me an email at the address shown in my profile, describing the situation in more detail and identifying... View More

1 Answer | Asked in Collections, Arbitration / Mediation Law and Small Claims for Florida on
Q: We signed a mediation agreement for settlement in a small claims suit 8 months ago.

The mediation agreement amount included the principal amount, interest, attorney fees and costs. Now the plaintiff has come back and gotten a default judgment for a completely different amount. The mediation agreement also stated that if no further action was taken in 180 days the case would be... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 20, 2016

It appears that the mediation agreement wasn't filed with the court for some reason. You should move to set aside the default judgment, based upon the agreement.

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: Can a lawyer representing one party be a mediator for both parties?

I live in Chicago, Cook county.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 22, 2015

Why is this in the Florida forum if you live in Chicago? A lawyer can try to settle the matter. You have not given enough facts, this was probably an informal mediation.

2 Answers | Asked in Arbitration / Mediation Law, Construction Law and Consumer Law for Florida on
Q: I am going to be trying a case in civil court in Daytona vs a handyman I need to see wins vs handymen to help my case.

Was going to have an above ground pool, changed my mind due to expense. A local handyman (incompetent) got a check from me for $750 to build a deck that included materials and labor ($15hr) I would add more $ at completion. In mediation he said he was getting $25hr-outright lie. I'm using FL... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 31, 2015

You need to get an attorney. Ask the clerk about this. Good luck.

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1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: Are Arbitration hearing rules above state and federal laws? Can a persons civil rights be over looked in an Arbitration?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 10, 2015

No. Perhaps. You gave no facts, just a question.

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