Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
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... View More 
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... View More
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.
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... View More
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.... View More
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... View More
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... View More
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.... View More
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.
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... View More
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... View More
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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... View More
How, where and when can I request to be referred to medition?
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... View More
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... View More
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.
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.... View More
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
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.
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... View More
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... View More
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.
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... View More
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... View More
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?
answered on Apr 14, 2018
Maybe. Bring a motion in the case that entered the QDRO.
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... View More
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.
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... View More
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.
answered on Aug 16, 2017
You can ask a mediation provider to appoint a mediator for you.
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... View More
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