Texas Arbitration / Mediation Law Questions & Answers

Q: I was given a warranty deed but I'm confused if it is only for the real estate or is personal property included?

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Business Law for Texas on
Answered on Feb 12, 2019
Thomas A. Grossman's answer
A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than California law. I would find a Probate lawyer and they will tell you much more than I can. Good Luck.

Q: Are arbitration hearings always secret?

2 Answers | Asked in Arbitration / Mediation Law for Texas on
Answered on Nov 16, 2018
Thomas A. Grossman's answer
They are not secret, but much of the information each side uses to prove his of her case is not necessarily open for review. If you have a key piece of evidence that favors you, you would want the other side to see it. Visa/Versa. An Arbitration is like a mini-trial, and both sides should come the Arbitration fully prepared. If you want a piece of evidence to be considered by the Arbitrator, you will need to present it to him or her as part of your case.

Q: How do arbitrators get paid? Do both sides put in an equal amount of money?

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Answered on Oct 23, 2018
Timur Akpinar's answer
It can depend on the forum. In some settings, one side may pay costs, as in the case of certain insurance arbitrations.

Tim Akpinar

Q: Are all mediators/arbitrators attorneys?

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Answered on Oct 12, 2018
Timur Akpinar's answer
I do not practice in Texas, but your question has remained unanswered for four weeks. I can’t speak specifically for Texas, but in general, many arbitrators and mediators tend to be attorneys. However, there are also non-attorney mediators and arbitrators who preside over disputes. It can depend on the region, certification requirements, and the rules of the entity administrating the arbitration. Non-attorney alternate dispute resolution professionals generally have specialized expertise in a...

Q: What kind of attorney do I need?

1 Answer | Asked in Estate Planning, Arbitration / Mediation Law, Civil Litigation and Probate for Texas on
Answered on Sep 14, 2018
Terry Lynn Garrett's answer
For civil court you need a trial attorney. For probate court you need a type of trial attorney called a fiduciary litigator. Contact your local bar association or lawyer referral service.

Q: I was driving for lyft and someone hit the car I was renting through flexdrive whose partnering with lyft.

1 Answer | Asked in Car Accidents, Contracts, Products Liability and Arbitration / Mediation Law for Texas on
Answered on Aug 21, 2018
Peter N. Munsing's answer
Classic problem with any rental institution. You are on the hook so it's easiest to keep busting your chops. As they are involved with lyft you may want to look for an attorney who handles employment cases and insurance "bad faith" cases and is a member of the Texas Trial Lawyers Association

Q: Is it better to file a claim with my city's labor board and go through mediation if my employer fired me without sending

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Answered on Jul 25, 2018
Thomas A. Grossman's answer
You can try suing your employer in Small Claims Court. It is not very expensive. I don't know the rules for Small Claims Court in Texas, but you can call a local Superior Court and they usually have a section on how to file Small Claims actions.

Q: Someone asked me to testify at an arbitration proceeding but I don't want to. Am I required by law to show up?

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Answered on Jul 5, 2018
Thomas A. Grossman's answer
I must answer your question under California law, as I don't know Texas law. I presume that you only have to testify if you are subpoenaed to do so. If you are not subpoenaed, you can still show up if you want to. If you are subpoenaed and do not show up at the Arbitration Hearing, it is possible that you could be fined or otherwise sanctioned for not showing up. It may depend on how big the case is.

Q: What does it mean if your arbitration proceeding is binding?

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Answered on Jun 14, 2018
Robert D. Kreisman's answer
If the parties had agreed to a binding arbitration, the end result is just that-the decision is binding without judicial review. If the arbitrator awarded damages or some money remedy, the party assessed is usually given a set time limit in which to comply or pay the award. If not, the other side, the winning party, should and will file a lawsuit to enforce the binding arbitrator's decision. In short binding arbitration results are not reviewable by a court inasmuch the reason for the...

Q: My conflict calls for arbitration but the defendant has defrauded my company. I want to file a lawsuit. can I?

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Texas on
Answered on Nov 20, 2017
Jack Ternan's answer
Arbitrators can address fraud claims and enter an award for fraudulent conduct. An attorney would need to see your arbitration agreement to advise whether it is possible to avoid arbitration. Also, it is possible to file a lawsuit and force the other side to expend resources to compel arbitration (which they may choose not to do).

Q: Is arbitration a good way to settle a dispute over ownership.

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Answered on Nov 20, 2017
Jack Ternan's answer
The answer to this question depends on the terms of the trust agreement (or any other contract that might contain an arbitration clause). Unless there's an agreement to arbitrate, you cannot force the other side to arbitrate. Depending on the issue, it may not be beneficial for any side to arbitrate as arbitration frequently adds costs to dispute resolution.

Q: I was injured 2/2013. Adjuster appvd meds, tests and 1 surgical treatment that didn't work. I need help!

1 Answer | Asked in Workers' Compensation and Arbitration / Mediation Law for Texas on
Answered on Jun 13, 2017
Roy Lee Warren's answer
Surely, there is no time limit on getting MMI/IR so you can call the Division of WC and ask to have a DD appointed to perform the certifying exam to get that assigned. Good luck to you.

Q: can you please tell me how to make a formal complaint to the state bar asociation or direct me to the right person to

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Texas on
Answered on May 22, 2017
Tammy Lyn Wincott's answer
Here's a link that may help. https://www.texasbar.com/AM/Template.cfm?Section=File_a_Grievance&Template=/CM/HTMLDisplay.cfm&ContentID=29656 - you may have to copy and paste it in your browser.

In addition or as an alternative, perhaps you could seek assistance of separate counsel.

I wish you the best.

Q: Is my girlfriend entitled to half my property if it is still owed and she has contributed to payments and maintenance?

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law, Landlord - Tenant and Small Claims for Texas on
Answered on Feb 16, 2017
Ross F. Tew's answer
It sounds like the two of you could sort this out with a mediator's input. I doubt she will agree to anything if she is not paid back, at least in part, for any contributions she has made to the purchase or improvement of property.

Q: Is there a way to return property to the owner without suing someone through civil courts, like a third-party mediator?

1 Answer | Asked in Civil Litigation, Small Claims and Arbitration / Mediation Law for Texas on
Answered on Feb 16, 2017
Ross F. Tew's answer
An attorney could send a demand and explain the next steps he or she would take if the property is not returned. Mediation would be appropriate if both parties have claims against each other, so there can be some trade-off and negotiation. If all that is at issue is the laptop I would have your attorney send a demand.

Q: I pawned items with my ex, but the pawn ticket is in my name. Do I own the items if I pay the loan off?

1 Answer | Asked in Small Claims, Family Law, Personal Injury and Arbitration / Mediation Law for Texas on
Answered on Nov 29, 2016
Peter N. Munsing's answer
You can see what the shop will do. If you pay get an itemized list. It'd be hard to separate out what got valued so my advice is make a clean break and 1)pay and keep your stuff 2) either give him his items or give them with a copy of the receipt showing what you paid and a polite request for repayment --however that would involve interaction with him.

If you give them back, suggest you do it through an intermediary.

Q: If a case, composed of 5 causes of action, goes to trial and 2 of the claims are dismissed, can a party arbitrate those?

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Answered on Jul 14, 2015
Adam Studnicki's answer
Generally speaking, if claims are dismissed with prejudice, they are gone unless the dismissal is appealed. A TX lawyer can verify.

Q: If a contract contains an arbitration clause and the contract is breached, do you still have to go to arbitration?

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Answered on Jan 30, 2013
Charles Snyderman's answer
This question cannot be answered without an attorney reading the contract. What I can tell you is that courts sometimes nullify arbitration clauses, depending on the circumstances.

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