Lawyers, Answer Questions  & Get Points Log In
New York Arbitration / Mediation Law Questions & Answers
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

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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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...
View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New York on
Q: I am going to be evicted due to a non working pump and furnace repairman coming Tuesday for both).,,,and clutter.

my infared heaters do just fine. Ni inside inspection till Thursday,but at Monday's town meeting they plan on railroading me just the same. I have asked fir mire time ti clear my home, but they want it done YESTERDAY! I need a temporary injunction, town lawyer said they would stop then!... View More

Barry E. Janay
PREMIUM
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2017

I honestly would love to help you, but I have mouths to feed myself and I am pretty sure that you wouldn't want to pay me a retainer to get started. I suggest that you contact the local bar association in the county, town, municipality in which you live requesting a referral or for the number... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What do you do if your attorney doesn't respond to you? It's been months since he was supposed to file an arbitration.
Charles Snyderman
Charles Snyderman
answered on May 16, 2014

Unfortunately, communications between lawyers and clients are sometimes unsatisfactory. You said that your attorney doesn't respond to you. If your phone calls aren't being returned, send your attorney a written letter asking your questions. If you do not get a prompt response from your... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What is alternative dispute resolution?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2011

Alternative dispute resolution is either an arbitration, which is binding on the parties, and a mediation, which is not. These are two alternatives to going to Court to resolve the differences among the parties.

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What is the difference between a mediation and an arbitration?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2011

The basic difference is that at an arbitration, the arbitrator makes a decision which is binding on the parties. In a mediation, the mediator tries to work out a settlement with the parties, but if he is not able to do so, the parties return to the pending litigation to resolve the dispute.

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Is there a way to take a case from arbitration to a normal court proceedings?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 16, 2011

That depends on many factors. In a lot of cases, the parties agree to "mandatory arbitration" of any disputes. If you are a signatory to such an agreement, you cannot transfer the case to normal Court proceedings. If the case has already been decided in an arbitration, an appeal can... View More

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: Does new york state allow interpleadings?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 16, 2011

There is no such thing as "interpleadings." If you are asking about interpleader, in which one party can "interplead" or bring into the case another party, the answer is yes, that is permitted, as long as the statute of limitations against the party being brought into the case has not yet expired.

1 Answer | Asked in Arbitration / Mediation Law for New York on
Q: What is the difference between a mediation and an arbitration?
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2011

In a mediation, the recommendations of the mediator as to resolution of the case are non-binding, so that either party can decide not to settle. In an arbitration, whatever the arbitrator decides is binding on the parties. I much prefer mediations to arbitrations as they are also, in my... 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.