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

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 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

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

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

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

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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.

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

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

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

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

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

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.

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

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

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.

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.

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