Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
I purchased a used vehicle from a dealer in early 2023. Immediately it started to present numerous mechanical issues, and in fact was not in my possession for five months as it was shuffled between three separate repair shops. I filed a Lemon Law Complaint through the NYS Attorney General in July... View More 
answered on Jan 10, 2024
The key words I notice are "settled out of court" which means there was some sort of payment to you (as you did not have your vehicle replaced by the manufacturer as you may have been entitled) in exchange for some sort of release. The terms of that release are the crux of you civil... View More
If action taken by a party to case (such as interposing a
cross claim or procuring a deposition of
plaintiff) waives their contractual right to compel arbitration, does that also cause that if they do continue at arbitration an arbitration award on that matter cannot be confirmed by... View More
answered on Dec 17, 2023
You are quite correct regarding the waiver of arbitration: any act that is inconsistent with the agreement to arbitrate will waive that right. While the simple act of interposing a cross-claim may not, in all circumstances, waive the right to arbitrate, taking a deposition conjoined with the... View More
I attempted a civil lawsuit but the Court dismissed it saying the Court lacks subject matter Jurisdiction to hear an action and I must use mandatory arbitration.
answered on Oct 17, 2023
It looks like your remedies are governed by a mandatory arbitration clause. The organization named in the by-laws should have information in terms of filing fees, paperwork, etc. Large arbitration organizations, such as the American Arbitration Association, have online resources. Good luck
Witness was a former employee who was fired at will and not for cause. Arbitrator based opinion solely on that knowledge and not on any presented statements that would lead one to conclude the witness held bias against their former employer.
answered on Sep 29, 2023
In court proceedings, the credibility of a witness can generally be impeached upon a showing of bias, hostility, or the witness having an interest in the outcome of a court's decision. In arbitration, it could depend on the arbitration forum and the arbitrator. Arbitrations can sometimes... View More
I co-signed for his new condo and now he wants to force me to see the house. We owe $218 and our interest rate is only 2%. I still have my 15 year old living with me. In this current housing market I can't afford another house or the interest rates. I offered ti buy him out and he said no. He... View More
answered on Mar 24, 2023
If I understand your question, you have been assigned a mediator by a Supreme Court Alternative Dispute Coordinator in one of the counties. For a mediator to be selected to join a supreme court panel of mediators, they have to have completed several trainings and a thorough vetting process. The... View More
with backed up dockets why does not the court simply rules on the motion? the other party has not bothered to oppose it. seems like a waste of time. Arbitration is the way to go and nobody waived it.
answered on Feb 24, 2023
There could be many reasons.
The Court may take the hearing off calendar prior to the hearing date.
There may be a requirement to file a notice of non- opposition.
The wrong type of motion may have been filed. The court may want to instruct the parties. The court’s... View More
In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... View More
answered on Jan 25, 2023
You should consider filing a Violation Petition. Among the remedies, the Court may reduce or cancel the visits - or make them supervised at a clinic. Schedule a consult with a Bronx Family Law attorney for a full assessment.
Dear All,
In Ref: EF2021-0863, Tompkins County. In a complicated Civil Lawsuit of an Absentee Landlord against Rental Management Agency, and therefore its two vulnerable tenants, The Supreme Court has referred the case to Civil Mediation Court for ADR for settlement.
One of the... View More
answered on Jan 12, 2023
Dear Bhuvan:
Good day. You did not mention your relation to the tenants, the litigation, and the property. But you are a defendant, united in interest with your co-tenant, also a defendant, you were represented by Legal Services counsel, your counsel was permitted to be relieved of the... View More
I am the Respondent in a motion to Confirm an Arbitration Award
1. Petitioner filed a motion to confirm the Arbitration Award
2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award
3. Petitioner filed a Motion in Opposition to my... View More
answered on Jun 30, 2022
Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to... View More
If I am separated and moved out the house and my wife find out where I live and send me divorce papers, if I ignore them and choose not to answer what will happen? Thank you for your help.
answered on May 30, 2022
This is posted in the New York forum so I will answer assuming this is a New York case. If you ignore the Summons, you will lose by default and she will get whatever she is asking for and you will have no say. Talk to a lawyer.
I have reached out to him several times via text, email and phone call. He does not want to refund the money. He is supposedly located in Kansas or Las Vegas.
answered on Mar 17, 2022
It sometimes depends on the terms of the underlying agreement. Some agreements include arbitration clauses, where arbitration is a designated forum for handling disputes. Some agreements also include forum clauses, where a civil court in a designated county must be used. That's why it... View More
I understand it is a special proceeding. Do i need to fill form #H-1 form#H-8 or both for example?
answered on Oct 7, 2021
In New York, one brings a special proceeding by a motion to confirm the Award in New York. It is a relatively quick matter. There are two issues in confirming the Award: one in which the respondent appeared and contested the Award, and the other, when the arbitration was not contested. The... View More
Hospitals knowledge of errors made after asking patient for her wrist, to look at ID Bracelet. Sudden room change, bed and all down hall across from psychiatrists/nursing staff front desk. Reason? Was told a emergency came in. The emergency discovered years later due to fraud concealment and... View More
answered on Jun 4, 2021
An attorney who works with medical malpractice cases would be able to evaluate such a case. It could sometimes require a considerable level of evaluation to determine whether negligence rises to the level of criminal negligence. This appears to be a complex case and would likely require detailed... View More
answered on May 5, 2021
I have handled more than 100 Arbitrations. Please call me at 212-244-8722. David@Relkinlaw.com. David H. Relkin, Esq
I was proactive with asking questions to my lawyer and submitting everything I had. Our intention was to have the family law case dismissed from jurisdiction and to go to the one I currently live in. Since the voluminous information I uploaded was not used ( I could not delete) we had a phone convo... View More
answered on Dec 7, 2020
You could get general information about the arbitration process New York-based by looking into some of the companies who provide Alternate Dispute Resolution services, such as the American Arbitration Association, National Arbitration and Mediation, and others. Keep in mind that arbitration... View More
I should have gotten a lawyer to represent my interests at the time, but our co-homeowner agreement seems very lopsided now. I don't want to sell or take on another mortgage, but I need some kind of relief from the onerous conditions she keeps imposing. These include limiting my privacy,... View More
answered on Nov 28, 2020
One option as a starting point could be to arrange a consult with an attorney to review the agreement. Without seeing that, it could be difficult for an attorney to advise meaningfully, solely based on general principles of contract law. Good luck
Tim Akpinar
They called me and asked if I had an attorney.
Do I need an attorney? What would the charge be for this type of assistance?
answered on Oct 2, 2020
The description does not mention what the arbitration is in reference to, whether it involves an injury claim, a medical bill, or other matter. Based on the nature of the matter, you could reach out to the appropriate attorneys. Depending on the type of case and the arbitration company, attorneys... View More
I have a separation agreement, where if I disagree with the regulatory filing that my previous employer filed, which I do, I can file an arbitration case. My question is if I lose at the arbitration, can I be forced to pay the legal bill for the other party? Also when filing at American Arbitration... View More
answered on Sep 11, 2020
It would be best for an employment law attorney to advise you, but you await a response for two weeks. As a GENERAL matter with American Arbitration Association arbitrations for property & casualty insurance claims NOT INVOLVING employment matters, my experience has been that claimants are not... View More
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