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Texas Arbitration / Mediation Law Questions & Answers

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Business Law for Texas on

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

The family has said they are going to auction his personal belongings however there is a lien on the property and also back taxes how can the money made go towards those items or do I need to try to go through probate? I'm not sure what that really is but this is all pretty confusing

Thomas A. Grossman answered on Feb 12, 2019

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.... Read more »

2 Answers | Asked in Arbitration / Mediation Law for Texas on

Q: Are arbitration hearings always secret?

Thomas A. Grossman answered on Nov 16, 2018

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... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for Texas on

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

Timur Akpinar answered on Oct 23, 2018

It can depend on the forum. In some settings, one side may pay costs, as in the case of certain insurance arbitrations.

Tim Akpinar

1 Answer | Asked in Arbitration / Mediation Law for Texas on

Q: Are all mediators/arbitrators attorneys?

Timur Akpinar answered on Oct 12, 2018

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... Read more »

1 Answer | Asked in Estate Planning, Arbitration / Mediation Law, Civil Litigation and Probate for Texas on

Q: What kind of attorney do I need?

My father died intestate and my sister was appointed administrator. Long story short she wants everything and on top of that is suing me for 7500.00 in civil court. Ive managed to represent myself to this point but its getting more difficult. She has done things so wrong and barred me from the... Read more »

Terry Lynn Garrett answered on Sep 14, 2018

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.

1 Answer | Asked in Car Accidents, Contracts, Products Liability and Arbitration / Mediation Law for Texas on

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

The client and Geico has taken full responsibility from day one. Flexdrive has not been cooperative to this fact seeing that I still have a hold on my account through Lyft. They have ruined my life. Got in the way of my potential earnings. Lyft was my main source of income. I have also not been... Read more »

Peter N. Munsing answered on Aug 21, 2018

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

1 Answer | Asked in Arbitration / Mediation Law for Texas on

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

my final paycheck or should I sue? The amount isn't high but I want what I'm owed.

Thomas A. Grossman answered on Jul 25, 2018

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.

1 Answer | Asked in Arbitration / Mediation Law for Texas on

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

Thomas A. Grossman answered on Jul 5, 2018

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... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Texas on

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

Robert D. Kreisman answered on Jun 14, 2018

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,... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Texas on

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

My business hired another business to make my product and the contract says it will be settled by mediation and arbitration. The defendant took my money violated my Non Disclosure Agreement and never made the product. I want to file a law suit but still go to mediation. How can an arbitrator... Read more »

Jack Ternan answered on Nov 20, 2017

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... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Texas on

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

mother in law set up a trust in massachusetts.........then she moved to texas she bought property in texas that is in that trust person who has control of the trust is not a family member. Can we go into arbitration with that person so that we can keep the property mother in law bought.?

Jack Ternan answered on Nov 20, 2017

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... Read more »

1 Answer | Asked in Workers' Compensation and Arbitration / Mediation Law for Texas on

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

No impairment rating, no MMI that I am aware. I believe adjuster strung out claim to exceed important dates, any recourse?

Roy Lee Warren answered on Jun 13, 2017

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.

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Texas on

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

speak with concerning a family trust atourney in Burmingham that has ben, self dealing, for over a year, reffusel to help any of 3 benificiarys and refuses to produce any tax records, reciepts or any answer to family about multible assets,property,and or explination to the whereabouts of 1.3... Read more »

Tammy Lyn Wincott answered on May 22, 2017

Here's a link that may help. - 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....
Read more »

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law, Landlord - Tenant and Small Claims for Texas on

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

The property is under my name only and was purchased before I met her. I am filing an eviction suit because she refuses to leave and claims she has rights. To my understanding, she has "tenant" rights, because she resides here I have to give her a certain time to vacate the premises and if she... Read more »

Ross F. Tew answered on Feb 16, 2017

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.

1 Answer | Asked in Civil Litigation, Small Claims and Arbitration / Mediation Law for Texas on

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

Currently, someone is in possession of our laptop but the PD has said it is a civil matter, not criminal. We would like to retrieve it without having to sue for the property, but the person currently in possession has not been entirely cooperative. Is this something we can mediate without having to... Read more »

Ross F. Tew answered on Feb 16, 2017

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... Read more »

1 Answer | Asked in Small Claims, Family Law, Personal Injury and Arbitration / Mediation Law for Texas on

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?

There are items we purchased for ourselves and items we purchased for each other. We haven't spoken since he domestically assaulted me, for which I filed a police report and charges. I want to get my items out of the pawn shop, but I cannot take just one or two items from a ticket. I don't mind... Read more »

Peter N. Munsing answered on Nov 29, 2016

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... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Texas on

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?

If a case, composed of 5 causes of action, goes to trial and 2 of the claims are dismissed, and a party moves to compel aribtration, can the 2 claims that were dismissed be arbitrated?

Adam Studnicki answered on Jul 14, 2015

Generally speaking, if claims are dismissed with prejudice, they are gone unless the dismissal is appealed. A TX lawyer can verify.

1 Answer | Asked in Arbitration / Mediation Law for Texas on

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

Charles Snyderman answered on Jan 30, 2013

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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