Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
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... View More
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... View More
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... View More
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/... View More
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... View More
is responsible for all arbitration fees. Is that legal?
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... View More
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.... View More
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.
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.
- who do I mediate this with the agent or the actual sellers?
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,... View More
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.
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... View More
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,... View More
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... View More
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... View More
I am sure that I will win the arbitration.
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... View More
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... View More
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... View More
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?
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... View More
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,... View More
but I am worried I wont' get enough money. Once arbitration has started can I change my mind and back out?
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... View More
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... View More
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... View More
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,... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.