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New York Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Would a contract requiring arbitration in the following specific way be enforceable? Have you heard of such a practice?

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

Ali Shahrestani,
Ali Shahrestani,
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

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What does conciliation mean in the context of arbitration?
Ali Shahrestani,
Ali Shahrestani,
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

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Who is required to pay the mediation fees, or is it always split 50-50?
Ali Shahrestani,
Ali Shahrestani,
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

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What is the difference between an arbitration hearing and a regular court proceeding?
Ali Shahrestani,
Ali Shahrestani,
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

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: I'm considering arbitration over a court suit, but the paperwork the other party gave me to sign says the losing party

is responsible for all arbitration fees. Is that legal?

Ali Shahrestani,
Ali Shahrestani,
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...
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1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What is the arbitrator's role in a dispute both parties are trying to settle out of court?
Ali Shahrestani,
Ali Shahrestani,
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

1 Answer | Asked in Arbitration / Mediation Law and Probate for New York on
Q: I won an arbitration award against my former attorney. He died 1 month later. Do I file a proceeding in probate court?

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.

Michael David Siegel
Michael David Siegel
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.

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,
Ali Shahrestani,
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

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,
Ali Shahrestani,
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

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,
Ali Shahrestani,
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

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... View More

Ali Shahrestani,
Ali Shahrestani,
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

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,
Ali Shahrestani,
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

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,
Ali Shahrestani,
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

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: How do I appeal and arbitration decision.
Ali Shahrestani,
Ali Shahrestani,
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

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,
Ali Shahrestani,
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

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,
Ali Shahrestani,
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

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,
Ali Shahrestani,
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

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,
Ali Shahrestani,
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

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,
Ali Shahrestani,
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

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What is binding arbitration?
Ali Shahrestani,
Ali Shahrestani,
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

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