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New York Arbitration / Mediation Law Questions & Answers

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

Q: I bought a house with the understanding certain repairs would be done that aren't

- who do I mediate this with the agent or the actual sellers?

Ali Shahrestani, Esq. answered on Feb 8, 2017

What does the purchase agreement say about disputes? It sounds like you may want to pursue the seller. 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,... Read more »

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

Q: How do you select an arbitrator? What if the arbitrator previously represented someone I'm in arbitration with?

I'm in the process of going through arbitration and the arbitrator selected previously represented my ex employer. Should I be concerned? I prefer an arbitrator that had no previous or existing ties to my ex employer.

Ali Shahrestani, Esq. answered on Feb 3, 2017

You should both select on an arbitrator that has no relationship with either of you and that you both agree to use. 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... Read more »

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

Q: is it ok to go to a. divorce mediator with a bipolar verbally abusive spouse how do I protect myself

Ali Shahrestani, Esq. answered on Feb 1, 2017

Hire a lawyer. Mediation is typically voluntary, unless court-ordered. 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 website. I practice law in CA, NY,... Read more »

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

Q: If a court or arbitration panel asks an attorney to complete a fee affidavit what constitutes the truth?

If a court or arbitration panel asks an attorney to complete a fee affidavit, and the attorney fails to include the contingency fee or a discount payback (recapture) to the panel, is he failing to be complete and truthful to the panel? . The fees not disclosed would then be coming out of the... Read more »

Ali Shahrestani, Esq. answered on Jan 30, 2017

The client/ opposing party should present all the evidence necessary to support his/her own case. 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: what happen if I was sued in arbitration and I dont have money for the arbitration fees?

I am sure that I will win the arbitration.

Ali Shahrestani, Esq. answered on Jan 27, 2017

There may be a provision for fee waivers in the arbitration rules. Read them. 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 website. I practice law in... Read more »

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

Q: What can I do if I get sued in Arbitration and I dint have money for fees?

Ali Shahrestani, Esq. answered on Jan 27, 2017

You can't get blood from a rock. 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 website. I practice law in CA, NY, MA, and DC in the following areas of... Read more »

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

Q: How do I appeal and arbitration decision.

Ali Shahrestani, Esq. answered on Jan 27, 2017

Check the rules of arbitration that you agreed to. Even in binding arbitration, there are a few exceptions to the no-appeals general rule. The best first step is an Initial Consultation with an Attorney. 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: I'm working with someone overseas.

He asked me to sign an agreement about the scope of work and there's something in there about arbitration. Does that mean I couldn't sue him in the United States?

Ali Shahrestani, Esq. answered on Jan 26, 2017

It depends on the exact terms of the contract. 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 website. I practice law in CA, NY, MA, and DC in the... Read more »

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

Q: I'm in arbitration, but I don't think a member of the panel is qualified. Can I get him kicked off?

Ali Shahrestani, Esq. answered on Jan 26, 2017

That is often the case! Check the terms of the arbitration rules. 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 website. I practice law in CA, NY, MA,... Read more »

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

Q: I was injured in a slip and fall. My attorney thinks I should go into arbitration

but I am worried I wont' get enough money. Once arbitration has started can I change my mind and back out?

Ali Shahrestani, Esq. answered on Jan 26, 2017

It depends on whether the arbitration is binding or not. Read the arbitration terms and rules first. 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: I'm in arbitration in a personal injury case. I'd like to get some information from the other side. How do I do this?

Ali Shahrestani, Esq. answered on Jan 25, 2017

There are limited discovery rules in arbitration. Read the rules provided by your arbitrator. 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 website. I... Read more »

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

Q: Do I have to pay for the arbitrator in my injury case?

Ali Shahrestani, Esq. answered on Jan 25, 2017

Typically, arbitration agreements require the parties to split the fees, but read your particular agreement for answers. 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... Read more »

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

Q: What is binding arbitration?

Ali Shahrestani, Esq. answered on Jan 24, 2017

When the decision of the arbitrator is binding, that means you and the other party agree to the finality of that decision. See: https://www.nycourts.gov/ip/adr/What_Is_ADR.shtml

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,...
Read more »

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

Q: If I'm being asked to testify during an arbitration hearing do I have to go?

Ali Shahrestani, Esq. answered on Jan 23, 2017

It depends on whether you have been subpoenaed via a judicial order - that would be quite rare, unless it is for a judicial arbitration hearing within a lawsuit or some other court-ordered arbitration hearing. The best first step is an Initial Consultation with an Attorney. You can read more about... Read more »

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

Q: I was in arbitration with a guy who I was in an auto collision with.

I was found 100 percent at fault, but I disagree. What are my next steps here?

Ali Shahrestani, Esq. answered on Jan 23, 2017

It depends on whether the arbitration was binding or not. Check the arbitration agreement you signed. 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: What should I look for when choosing a mediator in my divorce case?

Ali Shahrestani, Esq. answered on Jan 23, 2017

Lack of bias, great educational credentials, publications, testimonials, honors, awards: the same thing you'd seek in a great lawyer. See: http://www.prometheuslaw.com/the-right-attorney/

The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
Read more »

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

Q: Is it common for the non-prevailing party in an arbitration matter to have to pay all fees for all parties?

Ali Shahrestani, Esq. answered on Jan 23, 2017

It depends on the arbitration agreement you sign prior to beginning the arbitration. 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 website. I practice... Read more »

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

Q: How do I go about getting a mediator for a family dispute - one party does not want to participate.

Ali Shahrestani, Esq. answered on Jan 23, 2017

You cannot force a party to mediate. A Child Custody motion may be appropriate. 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 website. I practice law... Read more »

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

Q: Will I get a say in who the arbitrators will be in my securities case?

Ali Shahrestani, Esq. answered on Jan 23, 2017

It depends on the terms of any arbitration agreement you signed, if applicable. 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 website. I practice law... Read more »

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

Q: I had my divorce mediated a few years ago.

Things are now not so amicable and I'd like to involve a judge. Can I do that?

Ali Shahrestani, Esq. answered on Jan 19, 2017

I see no reason why not. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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