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New York Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: How do you know if its worth to do arbitration in NYC? I currently live in Texas now

I was proactive with asking questions to my lawyer and submitting everything I had. Our intention was to have the family law case dismissed from jurisdiction and to go to the one I currently live in. Since the voluminous information I uploaded was not used ( I could not delete) we had a phone convo... View More

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2020

You could get general information about the arbitration process New York-based by looking into some of the companies who provide Alternate Dispute Resolution services, such as the American Arbitration Association, National Arbitration and Mediation, and others. Keep in mind that arbitration... View More

3 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New York on
Q: I bought a house with a "friend", realizing too late I've been manipulated. Can I "break" our agreement?

I should have gotten a lawyer to represent my interests at the time, but our co-homeowner agreement seems very lopsided now. I don't want to sell or take on another mortgage, but I need some kind of relief from the onerous conditions she keeps imposing. These include limiting my privacy,... View More

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2020

One option as a starting point could be to arrange a consult with an attorney to review the agreement. Without seeing that, it could be difficult for an attorney to advise meaningfully, solely based on general principles of contract law. Good luck

Tim Akpinar

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2 Answers | Asked in Arbitration / Mediation Law for New York on
Q: Hello. I completed an arbitration request form with Greenfield Rehab/Nursing home and they assigned Chubb Insurance Co.

They called me and asked if I had an attorney.

Do I need an attorney? What would the charge be for this type of assistance?

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2020

The description does not mention what the arbitration is in reference to, whether it involves an injury claim, a medical bill, or other matter. Based on the nature of the matter, you could reach out to the appropriate attorneys. Depending on the type of case and the arbitration company, attorneys... View More

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2 Answers | Asked in Employment Law and Arbitration / Mediation Law for New York on
Q: Hey, I'm thinking filing an arbitration case with AAA. If I lose, am I obliged to pay legal bills for the employer?

I have a separation agreement, where if I disagree with the regulatory filing that my previous employer filed, which I do, I can file an arbitration case. My question is if I lose at the arbitration, can I be forced to pay the legal bill for the other party? Also when filing at American Arbitration... View More

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2020

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

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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... View 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... View More

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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... View 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.... View 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... View 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... View 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.... View 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... View 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... View More

Nina Whitehurst
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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...
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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...
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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... View 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.... View 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... View 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... View 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... View 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...
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