Lawyers, Answer Questions  & Get Points Log In
New York Arbitration / Mediation Law Questions & Answers
3 Answers | Asked in Arbitration / Mediation Law for New York on
Q: Hello, can you tell me how I, as a civil arbitrator, ensure that the award I render is legally binding?

I have a certificate as a civil arbitrator, which certificate was endorsed by Hon. Gerald Popeo of Utica City Court, Utica, NY. Recently, two opposing attorneys asked me to arbitrate a civil matter between their respective clients. These two attorneys require that the arbitral award I would... Read more »

David H. Relkin
David H. Relkin answered on Jun 24, 2020

Your Arbitration is pending in New York so the controlling statutes are in the Civ.Prac.Law.Rules, specifically 7510 and 7511--these statutes specifically deal with the Confirmation and Vacatur of an Award. There are some additional attendant statutes that may seem obvious but I will cite them... Read more »

View More Answers

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: I intend to file a fee dispute against a lawyer Is it best to discuss the fee dispute first or go to arbitration?

The question corresponds to an active civil case (divorce matter) in which I don't feel I've been adequately represented. I've already fulfilled the retainer agreement and then some, however I feel that I've bee poorly represented that have led to mistakes, delays etc.

Tim Akpinar
Tim Akpinar answered on Jun 23, 2020

The answer to your question could differ based on the negotiation philosophies of any given attorney. As a general matter of arbitration law, without regard to the type of case it is, some attorneys feel there are benefits to openly discussing issues first. It could give the other side notice of... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Banking and Contracts for New York on
Q: Should I opt in or out of my banks Arbitration agreement?

My bank recently sent out a letter asking everyone with an account to opt in/out of their new arbitration agreement. I called their office to get more information on what this exactly meant as their letter also did not specify what changes were going to happen and how they affect me or my money.... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 7, 2020

It would be difficult for an attorney here to tell you to opt out or not opt out without seeing the arbitration agreement. In terms of arbitration agreements as a GENERAL matter, whether they apply to contract, employment, real estate, car sales, etc., what it often means is that a person accepts... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Which is the legal nature of an arbitrator's award?

I'm from México. I'm doing a research in comparative law regarding to this subject, because i want to identify the legal nature of a commercial arbitrator's award, because in the mexican legal system is not determined which is the nature of it. Actually, i would like to know if... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 5, 2020

When you ask about legal nature of an arbitrator's award, one important attribute it has is that it is generally binding. This means it can have the same effect as a court's decision. Like a court's award, arbitration awards can provide avenues for appeal, on certain limited grounds.... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: I won an arbitration having to do with a contract violation, I am entitled be compensated, how do I get what I deserve.

I won the arbitration for the company having management performing union work for 6 months, and I am supposed to get compensated, the company is trying to under compensate.

Tim Akpinar
Tim Akpinar answered on May 21, 2020

An arbitration award, regardless of the practice area, will generally lay out terms and conditions (payment within a certain number of days, interest, timelines for appeal, etc.). One option is to contact an employment attorney to review the award and accompanying decision to identify what options... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Elder Law and Probate for New York on
Q: My mother lives in Florida, my brother in Virginia and I live in NY. When mom lived in NY I was herPOA and co executor

Long story short she moved to Fl to be closer to my brother ( he lived there at the time) and for the weather. Moms health isn’t always the best. He took a job and moved to VA about 2 years later. He handed he major investments, he did some foolish things with her money, “ he “bailed”her... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 4, 2020

Start by reporting the suspected financial abuse of an elder to the Adult Protective Services agency closest to your mother.

Beyond that, you will need to find a fiduciary litigation attorney to sue your brother to have him removed as your mother's attorney in fact and to return the...
Read more »

Q: Is mediation the best option for a pro se plaintiff in an employment discrimination case?

How, where and when can I request to be referred to medition?

V. Jonas Urba
V. Jonas Urba answered on Dec 18, 2019

Neither employer nor employee are forced to mediate. That process is voluntary.

However, employment lawsuits in federal court get scheduled for mediation. But going to mediation when an employer believes your claim is "no pay" will do little by itself.case.

Even during...
Read more »

1 Answer | Asked in Arbitration / Mediation Law, Contracts, Consumer Law and Lemon Law for New York on
Q: Dell sold me a 5k defective laptop and downgraded its hardware, can I get around their mandatory arbitration agreement?

Dell knows they sold me a 5k lemon that never worked because both graphics cards were never recognized, and it was missing a blu ray burner that I paid for and I have the documentation, e-mails, phone calls and tracking numbers to prove it. Dell know that instead of repairing my computer in June... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

IMPO, the arbitration clause in the contract is valid regardless of how bad the laptop was when Dell sold it to you--or how many terrible things Dell has done since--or how much proof you have against Dell.

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Will I be assigned an arbitrator, or do I have a say in who gets picked for my employment dispute?
Thomas A. Grossman
Thomas A. Grossman answered on Nov 30, 2018

Without knowing more about your situation, and not being familiar with New York law on ADR, my guess is that if you signed an employment agreement with your employer, it should deal with how a mediator or arbitrator is selected. If not, you could approach your employer and ask him/her about it.... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Am I able to sue a mediator?
Tim Akpinar
Tim Akpinar answered on Nov 30, 2018

An attorney would need more details about the matter. But in general, the role of the mediator is assisting parties in trying to resolve disputes.

Tim Akpinar

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Arbitration / Mediation Law for New York on
Q: Wife already signed TX warranty deed gave up home 5-15-18 it's notarized never filled shes dragging divorce. Can I file
Michael David Siegel
Michael David Siegel answered on Oct 9, 2018

A TX deed is governed by TX law. Only a Texas lawyer could opine if it was ready to file.

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Is there an equivalent of a "mistrial" in alternative dispute resolutions?
Tim Akpinar
Tim Akpinar answered on Sep 2, 2018

In my experience in handling arbitrations in New York, I have not seen the term “mistrial” come up in this context. I’ve only seen the term arise in the context of formal court proceedings. I have seen arbitration forums list grounds for appeal (e.g. arbitrary or capricious conduct, as an... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What should I do if I'm upset about the outcome of a mediation between my ex-husband and me?
Thomas A. Grossman
Thomas A. Grossman answered on Aug 8, 2018

That depends on the outcome of the mediation. If it was a binding mediation (one where the parties come to a binding written agreement), then there may be nothing you can do, if you agreed to and signed the settlement papers. However, most mediations simply end if the parties cannot agree on a... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Can arbitration awards include attorneys fees?
Thomas A. Grossman
Thomas A. Grossman answered on Jul 9, 2018

It depends on the State and Court where the proceeding is pending. There are many factors that go into when attorneys fees are awarded and for how much. Since I practice law in California, I suggest that you direct this question to a New York attorney. Good Luck.

2 Answers | Asked in Criminal Law, Arbitration / Mediation Law and Gov & Administrative Law for New York on
Q: I have one question and that is --do judges and district attorney accept letters from families ?

my daughter was arrested for trespassing 2nd degree.

she is a crystal meth /heroin /bath salts user- she self injects including her legs - has had sepsis 3 times hospital. I do not want to ask for mercy I want them to know how bad things are....

I want the judge and or DA to know... Read more »

Andrew S. Tabashneck
Andrew S. Tabashneck answered on May 9, 2018

I am very sorry to hear your are going through this.

To answer your question, yes, you can most certainly send a letter to the judge and the district attorney. In fact, you could even call the district attorney, or the assistant district attorney assigned to the case, and ask to meet with...
Read more »

View More Answers

1 Answer | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Qdro because of divorce. Ex won't provide account info. It's been 8 yrs he's been collecting interest...

Ex refuses to provide me the information need in order to do the 2 qdros. He has been collecting interest on what's should be in an account for me. Do I have any legal right to the money he has made on the interest?

Michael David Siegel
Michael David Siegel answered on Apr 14, 2018

Maybe. Bring a motion in the case that entered the QDRO.

1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Civil Litigation for New York on
Q: Requested to see a judge in small claims but was sent to an arbitrator who I believed was a judge. Now I cannot appeal

Filed a small claims suit (Queens County-NYC) and requested to see a judge as I did not want my case to be tried by an arbitrator. I was then told that it would take a few court dates if I want to only see a judge. That did not deter me and I insisted on seeing judge and was sent home with a new... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 12, 2018

There is nothing you can do. They make a speech about arbitration and by the court in the beginning, and that speech is the same in every court. No one will believe you.

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for New York on
Q: What are my options

I lived with a family when i came to this country at 16. They were emotionally abusive and constantly made me feel like I owed them and was ungrateful. I purchased a 2 family house on my own 8 years later. They moved in and basically took it over. They pressured me to add the husband's name... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 8, 2017

The statute of limitations will deal with most of your claims. If there are bills from the last six years you can sue. You can sue to have the house sold and proceeds divided. Nothing you can do about deed issue from 20 years ago.

2 Answers | Asked in Arbitration / Mediation Law for New York on
Q: What happens when two parties can't decide on a mediator? How can be we sure to appoint someone fair?
Lisa Renee Pomerantz
Lisa Renee Pomerantz answered on Aug 16, 2017

You can ask a mediation provider to appoint a mediator for you.

View More Answers

1 Answer | Asked in Arbitration / Mediation Law, Personal Injury and Small Claims for New York on
Q: What takes place after an arbitration, and how long will it take to receive an award?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 18, 2017

The arbitrator's rules should have been provided to you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.