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New York Arbitration / Mediation Law Questions & Answers

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 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 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 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 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 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 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 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 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 »

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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 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 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 to the... Read more »

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 answered on Aug 16, 2017

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

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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. 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 media... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on

Q: Would a contract requiring arbitration in the following specific way be enforceable? Have you heard of such a practice?

The goal of these restrictions is to reduce the cost and length of an arbitration proceeding:

(1) Parties agree to use one specific arbitrator.

(2) Parties agree that arbitration will occur in two non-overlapping phases: In the first phase, on a pre-determined time frame, a... Read more »

Ali Shahrestani, Esq. answered on Jul 8, 2017

That may be considered unconscionable language. 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 media... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on

Q: What does conciliation mean in the context of arbitration?

Ali Shahrestani, Esq. answered on Jun 21, 2017

More context is needed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on

Q: Who is required to pay the mediation fees, or is it always split 50-50?

Ali Shahrestani, Esq. answered on Jun 5, 2017

It depends on any related court orders and contracts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on

Q: What is the difference between an arbitration hearing and a regular court proceeding?

Ali Shahrestani, Esq. answered on May 8, 2017

Arbitration is more informal, not in court, and may be binding or not in its decision, depending on the rules agreed to by the parties beforehand. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on

Q: I'm considering arbitration over a court suit, but the paperwork the other party gave me to sign says the losing party

is responsible for all arbitration fees. Is that legal?

Ali Shahrestani, Esq. answered on Apr 22, 2017

That is typical, but there may be defenses depending on the contract and related facts.

See: http://www.aeesq.com/business-law/business-lawsuits/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
Read more »

1 Answer | Asked in Arbitration / Mediation Law for New York on

Q: What is the arbitrator's role in a dispute both parties are trying to settle out of court?

Ali Shahrestani, Esq. answered on Mar 8, 2017

Neutrality is key, as is listening carefully and open-mindedly to the facts, knowing the facts and law related to the incident, helping to work out a mutually agreeable resolution, making a decision that is based on the facts and law, and writing a coherent and accurate statement of decision.... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Probate for New York on

Q: I won an arbitration award against my former attorney. He died 1 month later. Do I file a proceeding in probate court?

I know it has to be against his estate. Is this the right way to go? I don't have a judgement, just an award letter.

Michael David Siegel answered on Feb 19, 2017

If he has an estate open, you need to file a claim, which is done by sending your claim to the executor and filing it. Do this by delivery confirmation (certified, FedEx, etc.). However, there is a time limit to confirm an award for a judgment, so you need to file to make the deadlines.

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