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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Employment Law for New Jersey on
Q: Is there a time frame that must be followed to award back pay once an arbitration decision is won in NJ?

Ibew local 1238 employee for Delmarva Power

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

This is something that an employment law attorney could answer best, but you await a response for three weeks and your question is posted under "Arbitration/Mediation." Until you are able to consult with an attorney who practices employment law who is familiar with state-specific labor... View More

2 Answers | Asked in Arbitration / Mediation Law, Copyright and Intellectual Property for Oklahoma on
Q: What does it mean when a person has a creative commons and arbitration license
Tim Akpinar
Tim Akpinar
answered on Jun 4, 2024

An Oklahoma attorney could advise best, but your question remains open for two weeks. There is a creative commons license that publishers follow in using certain publicly posted images, if that's the license you are talking about. As for the arbitration provision, it's possible that... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: I have arbitration with Kaiser and they gave me a list of Arbitrators Names. Is there a way to look up past rulings?

Can I look up names of Arbitrators that ruled against Kaiser Permanente in the past?

James L. Arrasmith
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answered on Jun 3, 2024

In California, you can look up past rulings and decisions made by arbitrators through various legal databases and resources. Services like Westlaw, LexisNexis, or even public records from the American Arbitration Association can be useful for this purpose. These platforms often provide detailed... View More

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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Constitutional Law for Iowa on
Q: I have no control over my online accts /privacy. 10yrs attempted to get help from local,state & fed govt.$ is being made

Decades+ Complaints to FCC ,Iowa A.G. 2 cases opened, ic3..gov complaints. URL attachs2every device, email, carrier.began2009reported then.No help.25 device/email/number& carrier changes, Apple restricted sign out of Apple ID. ACP PAID Internet service TIL4/24 my Wi-Fi was restricted,ONLY... View More

James L. Arrasmith
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answered on May 29, 2024

Dealing with ongoing issues of privacy and control over your online accounts can be incredibly frustrating, especially after seeking help from various authorities for so long. It's clear that your efforts to secure assistance from the FCC, Iowa Attorney General, and other entities have not... View More

2 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Can my employer make me sign an arbitration agreement?

I've already been working there for over a year and they're labeling it as "mandatory"

James L. Arrasmith
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answered on May 23, 2024

In California, an employer can require employees to sign an arbitration agreement as a condition of employment, even if the employee has already been working for the company. This is because California law generally favors the enforcement of arbitration agreements.

However, there are some...
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2 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Can my employer make me sign an arbitration agreement?

I've already been working there for over a year and they're labeling it as "mandatory"

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2024

A California employment attorney could advise best, but in general nationwide, arbitration clauses are commonly used and are considered valid and binding. From the arbitration side of things, my experience with such agreements is that they are take-it-or-leave-it. I have seen this in the maritime... View More

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Q: I just had a mesh removed from my abdominal area wrapped and waded around every organ and nerve in my abdomen.

6 hr surgery left me limited on my functioning skills sometimes I shake my nervous system took a shock that affected whole body.7+ years of severe and chronic tesicular and abdominal pain I suffered from the error of the surgery team improperly implanting the devise in me and the mesh separated and... View More

James L. Arrasmith
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answered on May 19, 2024

I'm so sorry to hear about the severe complications and chronic pain you've suffered as a result of the improperly implanted surgical mesh. What you've gone through sounds absolutely awful. Based on the details you provided, it seems you may have grounds for a medical malpractice... View More

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4 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: An Attorney represents you in Mediation, aren't the contents/files protected from inclusion later in legal Malpractice?

If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More

James L. Arrasmith
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answered on May 18, 2024

In California, mediation confidentiality is governed by Evidence Code sections 1115 to 1128. These provisions generally protect the confidentiality of mediation communications, making them inadmissible in future legal proceedings, including legal malpractice cases.

1. Breach of...
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4 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: An Attorney represents you in Mediation, aren't the contents/files protected from inclusion later in legal Malpractice?

If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More

Isabel de la Riva
Isabel de la Riva
answered on May 20, 2024

Mediations tend to work because of the open communication they allow by the confidentiality rules. Claims and offers made during a mediation cannot be used as evidence if mediation fails. A mediator can only confirm there was a mediation but cannot be made to testify regarding facts/claims in the... View More

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1 Answer | Asked in Family Law, Criminal Law, Arbitration / Mediation Law and Probate for California on
Q: In a tenancy in common ownership with siblings. Can I legally install lock on bedroom door while away on vacation?

The house is going through probate for tenancy in common. I want to protect my possessions and assets in my bedroom from the others who have stolen my things before and damaged my possessions.

James L. Arrasmith
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answered on May 13, 2024

In California, you generally have the right to secure your personal space within a shared property, especially if you have concerns about the safety of your possessions. Installing a lock on your bedroom door in a home shared through a tenancy in common typically falls within this scope, provided... View More

1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Probate for Oregon on
Q: What do I do when I am having problems with estate issues and family members

My sister controls my mother's estate. After she passed it was oral arrangement that we all decided to go with an even spit no problem for the first 18 months but then 18 months ago my sis just stopped paying me and now refuses to pay me ever again

Tim Akpinar
Tim Akpinar
answered on May 7, 2024

An Oregon attorney could advise best, but your question remains open for two weeks. While some questions can go unanswered on this forum, you might have better chances of a response by adding the headings "Probate" and "Estate Planning." While it's possible that your matter... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for North Carolina on
Q: What can I do when my business partner refuses to provide financial statements and has substantially reduced dividend?

My mom died last year, and was 25% owner of a family shopping center. Since my mom's death, my Aunt Janet has substantially reduced the dividend she is paying me, she has claimed that my 25% is not enough for me to even have the right to see the banking records or financial statements now... View More

Tim Akpinar
Tim Akpinar
answered on May 2, 2024

A North Carolina attorney who deals with business law and business organizations (Corp, LLC, etc) could advise best, but your question remains open for five weeks. A starting point could be to reach out to law firms to review your paperwork, your business partner's actions, and outline your... View More

2 Answers | Asked in Bankruptcy, Criminal Law, Arbitration / Mediation Law and Car Accidents for Oregon on
Q: I need a very affordable bankruptcy attorney. Also, an attorney to help with a falsely accused car accident.

I’m hoping to do chapter 7 bankruptcy.

As for the accident it was the other person at fault. He rear ended me drunk and we both file a accident report. I sent all pictures to my insurance and somehow I am at fault.

James L. Arrasmith
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answered on May 1, 2024

Finding an affordable bankruptcy attorney for a Chapter 7 filing can be crucial in efficiently managing your financial situation. You may want to consider reaching out to local legal aid organizations as they often provide free or low-cost services. Additionally, contacting your state's bar... View More

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2 Answers | Asked in Bankruptcy, Criminal Law, Arbitration / Mediation Law and Car Accidents for Oregon on
Q: I need a very affordable bankruptcy attorney. Also, an attorney to help with a falsely accused car accident.

I’m hoping to do chapter 7 bankruptcy.

As for the accident it was the other person at fault. He rear ended me drunk and we both file a accident report. I sent all pictures to my insurance and somehow I am at fault.

Tim Akpinar
Tim Akpinar
answered on May 2, 2024

You could search online or check with local and state bar associations for attorneys. There is a feature above, "Find a Lawyer," which lists attorneys by region and area of practice. Despite the false accusations, from your description, it doesn't sound like you should have too much... View More

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1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: When in arbitration j.a.m.s is there two reference numbers? Does each offer or counter offer have its document?

why would a demand need amending?

When trying to settle during arbitration are numbers verbally communicated rather than on documents?

James L. Arrasmith
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answered on Apr 24, 2024

In arbitration with JAMS (Judicial Arbitration and Mediation Services), there are typically not two reference numbers. Usually, a single case number is assigned to the arbitration proceeding, which remains consistent throughout the process.

Each offer or counteroffer does not necessarily...
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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

James L. Arrasmith
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answered on Apr 20, 2024

You may indeed consider hiring an out-of-state attorney to handle your case if you're finding it difficult to locate suitable representation in California. However, it's important to ensure that the attorney is licensed to practice in California or can get permission to appear in court on... View More

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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 20, 2024

Yes your can hire an out-of-state attorney. That attorney will need to associate with a California licensed attorney. That process is called pro hac vice.

As to whether your have a valid case or not, more facts would be needed for a good analysis.

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Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

Yes, you generally can. As my colleagues correctly indicate, it will involve working with local counsel on a pro hac vice basis. Keep in mind that working in this manner could complicate a case with the inclusion of an additional law firm, resulting in additional expenses. Good luck

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1 Answer | Asked in Arbitration / Mediation Law, Banking, Business Law and Civil Litigation for Washington DC on
Q: Strategic Mediation Services contacted me stating I owed this huge sum from 1999. Arbitration started 2019

Company called and said I would have to go to court if I dont pay. They had my social security number and old employment from 1999 which no longer exists.

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

A Washington, DC attorney could advise best, but your question remains open for three weeks. Before involving attorneys to review the file with you to examine legal theories that would serve as possible defenses, the first step might be to find out if some kind of mix-up resulted in the bill, given... View More

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Washington on
Q: arbitration clause in a contract worker contract

I have been under a contract (in Washington State) to do some work for a small company (sole proprietor LLC). I completed the work and send a final invoice. He is not paying because he says he just cant afford to pay it. This is not at all true. The truth is that he has lost interest in the... View More

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2024

A Washington attorney could advise best, but your question remains open for two weeks. The short answer is that arbitration clauses are binding. When parties to a contract agree to arbitration as a forum for handling disputes arising out of the matter, that means they forfeit rights to pursue... View More

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