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Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Civil Litigation, Arbitration / Mediation Law and Personal Injury for Maryland on
Q: Can I win a case against a college roommate for harassment in Maryland?

I want to understand the chances of winning a case against my college roommate. Despite setting clear boundaries, my roommate used my items, insulted me, and threw away or damaged them upon moving out. There are records of my complaints and attempts at mediation through the RAs, documented chats... View More

Ronald V. Miller Jr.
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answered on May 21, 2025

In Maryland, there is no civil cause of action specifically for “harassment.” If someone is behaving in an aggressive, disrespectful, or invasive way, like your college roommate, the legal system generally does not provide compensation unless the conduct falls under a recognized tort, such as... View More

Q: How can I address my ex-wife's harassment despite a parenting plan in Nebraska?

I have a court-mandated parenting plan with my ex-wife that requires us to maintain respectful communication. Despite this, she constantly sends harassing messages via the parenting app, including threats, profanity, and name-calling. This behavior continues even after mediation attempts, and she... View More

Julie Fowler
Julie Fowler
answered on May 20, 2025

If your court order includes a parenting plan that includes non-harassment language and/or a communication protocol that is being violated, you can potentially file a show cause/contempt action or other enforcement action with the Court to ask the Court to sanction the other party for violating the... View More

2 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for Florida on
Q: Can I expedite my divorce process being pregnant with another person's child in Florida?

I'm currently in a divorce process and pregnant by another person, with my due date set for mid to late June. I'm concerned about complications with the newborn's registration. I've discussed custody informally with my spouse, who's been absent at mediation, delaying... View More

Kunal Mirchandani
Kunal Mirchandani
answered on May 20, 2025

Your situation raises both legal and practical considerations, and I’m glad you’re seeking guidance now.

In Florida, being pregnant by another person does not automatically expedite a divorce, but it can complicate the timeline—especially with regard to establishing paternity and...
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Q: Civil remedy for willful blindness in Missouri regarding property access and family disputes.

I have filed a civil claim for damages against a homeowner and a handyman due to an assault and battery incident. I believe the homeowner is willfully blind in recruiting the handyman known to be violent. Furthermore, the homeowner's management group continues to allow self-dealing agents,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 18, 2025

Willful blindness is not a cognizable cause of action in Missouri. I suggest you visit a law library and look at the verdict directors for assault and battery. Also educate yourself on respondeat superior. The verdict directors will show the elements that you must plead to state a claim.... View More

3 Answers | Asked in Construction Law, Contracts, Arbitration / Mediation Law and Real Estate Law for Florida on
Q: Pool contract delays: How can I get contractor to finish work?

I signed a pool construction contract in June 2024, and despite making payments totaling nearly $100,000 and having written records, the pool is still not completed. The contract specified a completion timeline of 16-18 weeks, but it has been nearly a year. The contractor does not respond to my... View More

Tim Akpinar
Tim Akpinar
answered on May 12, 2025

A Florida attorney could advise best, but your question remains open for a week. You ask about what type of attorney - your starting point could be to reach out to civil litigation attorneys with experience in contract disputes/construction contract disputes (depending on the technical complexity... View More

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2 Answers | Asked in Divorce, Arbitration / Mediation Law and Family Law for Florida on
Q: Should I request bridge-the-gap alimony during my divorce in Florida?

I am filing for divorce pro se after 25 years of marriage in Florida. I've ensured my spouse receives 50% of all assets, half of my 401K, and the household savings. Despite this substantial asset division, my spouse, who has only worked part-time due to our arrangement, is seeking full-time... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 10, 2025

There is a difference between making an offer of settlement and filing pleadings. If it comes to filing pleadings then you don’t need to mention alimony at all. That burden is on your partner. Speak with a local family lawyer for more specific advice.

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3 Answers | Asked in Arbitration / Mediation Law and Civil Litigation for Florida on
Q: Mediation issues and motion to compel payment after case disposition.

I was ordered by a judge to go through mediation for a civil case. I preferred an in-person session, but the mediator was only available via Zoom. The Zoom connection was poor, disconnecting about 50% of the time. Despite contacting him by phone during the session without success, the mediator... View More

Charles M.  Baron
Charles M. Baron
answered on May 9, 2025

You did not indicate whether an agreement was reached in mediation, nor did you indicate if you were represented by counsel in mediation. Those are important factors for determining your next steps. Of course, if you were represented by counsel, consult with him/her. In the scenario of you NOT... View More

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Q: Received cease and desist from HOA about tenant marijuana use; should I share proof of notification email?

I received a cease and desist letter from my HOA attorney, stating that my tenants have been smoking marijuana, affecting other homeowners. Other homeowners have mostly made verbal complaints, with one formal written complaint. My lease does not specify terms regarding smoking or drug use. I have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 8, 2025

yes, you should share the notice to your tenants. There's no privacy concerns. As the owner of the unit, you are the one whose life the HOA can make most miserable, and financially difficult. It makes no sense to not cooperate with the HOA.

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2 Answers | Asked in Consumer Law, Civil Litigation and Arbitration / Mediation Law for California on
Q: Etsy shop suspended over unlisted policy violation. How to appeal?

I have operated my Etsy shop since 2010, and it was recently suspended due to a handmade piece of jewelry containing Jade from Zinjiang, China. Etsy claimed this conflicted with their policies on sanctioned items. However, their policies do not mention Zinjiang as a prohibited source. Initially,... View More

Steve A. Buchwalter
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answered on May 8, 2025

I think the better question is why would you continue to appeal instead of just taking them up on their offer to reinstate for a promise of not breaking the law in the future. Your best case scenario is that, after a lot of time and effort, you win your appeal and your shop gets reinstated.... View More

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2 Answers | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Florida on
Q: Looking for advice on 50/50 custody case in final stages, West Palm Beach, FL.

I'm looking for a family law attorney in West Palm Beach. My case, which I have managed with the help of a paralegal up to now, is at the mediation stage where we couldn't agree on a 50/50 custody arrangement. There are no court dates set, and there aren't any specific concerns... View More

Daniel A Bachert
Daniel A Bachert
answered on May 2, 2025

Based upon what you have stated it would seem to be time to prepare for final trial, the court must be advised that the action is ready for trial and a court date will be set. Expect that date to be somewhere in the next four to six months. If there is no agreement regarding time sharing or a... View More

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2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Employment Law for California on
Q: Settlement timeline after signing MOU in class-action lawsuit

I recently signed a Memorandum of Understanding (MOU) related to a settlement from a mediation hearing that all parties agreed upon in a class-action lawsuit concerning unlawful termination. I signed the MOU on April 23rd, and it includes multiple stipulations, including an individual payout to be... View More

Neil Pedersen
Neil Pedersen
answered on Apr 24, 2025

The answer to this question must come from your attorney. Only your attorney knows the specific agreement and the process. Class action settlement is a very slow process and rarely does a court quickly act to approve settlement terms. It would be wise to not expect the money any time soon. Good... View More

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Q: Car accident settlement discrepancy and clarity needed in CA

I was involved in a car accident in California where I was not at fault. During mediation, the final offer was $100,000, but my attorney advised waiting. Two weeks later, I received a release for $85,000 without prior notice. I requested to see the other party's proposal offer, the total... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 21, 2025

There are several red flags that indicate cause for concern, and others do not.

The portion coming from your own insurance company would not be included in the release.

It is unclear why the settlement is no longer $100,000.

Liens can be negotiated, in some situations,...
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Q: Do I need arbitration in Illinois due to harassment and TOS agreement?

I am dealing with a B2B lead generation company whose Terms of Service require arbitration in Illinois, but the business has been harassing us and attempting to bribe us to remove a review of their services. Despite our cease and desist efforts, they retaliated by leaving an unfounded review on our... View More

Charles Candiano
Charles Candiano
answered on Apr 17, 2025

Harassment is a legal finding, NOT something that can be simply be asserted by a party. You give no example of the conduct that you allege constitutes harassment. If you signed a contract with a choice of laws clause that mandates Illinois jurisdiction, that is where you are. Be careful!... View More

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2 Answers | Asked in Probate, Civil Litigation and Arbitration / Mediation Law for California on
Q: Dispute over disposition of estate jewelry item among beneficiaries in California.

I am coexecutor and sole beneficiary, along with my brother, of our mother's estate. We are unable to agree on the disposition of a specific jewelry item, which has been kept safe for over 13 years. My mother made a verbal request for this item to stay in the family, though it wasn't... View More

Robert L. Teel
Robert L. Teel
answered on Apr 14, 2025

If you want to settle a dispute outside of court, mediation is a great alternative. Free mediation services, both community and court-connected, are offered to some residents and businesses of certain counties (e.g., Los Angeles County). In mediation, a neutral third party helps you resolve your... View More

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4 Answers | Asked in Arbitration / Mediation Law and Contracts for New York on
Q: Understanding court order after arbitration loss in NY

I was involved in an arbitration concerning an advanced commission breach of contract dispute. When I left the company, my ledger showed a negative balance. The arbitration ruled in their favor, even though I wasn't present to defend myself. Now, I've received a letter stating they will... View More

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2025

I'm sorry this happened to you. It isn't clear if you received a copy of the arbitration decision. You may want to obtain a copy of the decision from the hosting entity (American Arbitration Association, or other). If you contact the Case Administrator, they should be able to provide... View More

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4 Answers | Asked in Arbitration / Mediation Law and Contracts for New York on
Q: Understanding court order after arbitration loss in NY

I was involved in an arbitration concerning an advanced commission breach of contract dispute. When I left the company, my ledger showed a negative balance. The arbitration ruled in their favor, even though I wasn't present to defend myself. Now, I've received a letter stating they will... View More

David H. Relkin
David H. Relkin
answered on Apr 1, 2025

The key issue in responding to you is whether you "participated" in the arbitration. You say both that you were "involved in an arbitration" and that you "[weren't] present [at the arbitration] to defend yourself." Participating can be an issue of fact, so you... View More

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4 Answers | Asked in Arbitration / Mediation Law and Contracts for New York on
Q: Understanding court order after arbitration loss in NY

I was involved in an arbitration concerning an advanced commission breach of contract dispute. When I left the company, my ledger showed a negative balance. The arbitration ruled in their favor, even though I wasn't present to defend myself. Now, I've received a letter stating they will... View More

Nelson Edward Timken
Nelson Edward Timken pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2025

They need to make a motion in court to confirm the award. Often when that happens, the other side cross-moves to vacate the award on one or more grounds. You need to get a lawyer to do that for you so that you can revisit the proceeding. You don't say if you appeared at the arbitration or not.... View More

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Q: Lost attorney for a civil slip and fall case months before key dates; need guidance on proceeding without representation in Delaware.

I've been involved in a civil slip and fall case since 2021, but I did not have any substantial communication with my attorney until 2024. I never received any updates or documents related to my case. My attorney recently filed a motion to withdraw, which was granted, leaving me without... View More

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2025

I'm sorry for the difficult position you've been placed into. I commend your courage to handle this matter on your own - injury lawsuits can be complex. It sounds like you're on top of your case. But the timetable you've given is brisk. Without knowing the scope of your file, as... View More

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1 Answer | Asked in Arbitration / Mediation Law and Small Claims for Florida on
Q: Seeking small claims mediation representation in Florida.

I'm involved in a small claims case where the defendant and I have agreed to settle through mediation scheduled for April 3rd, 2025. I'm seeking legal representation for the mediation process. Can you advise on how to find a suitable lawyer?

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2025

A Florida attorney could advise best, but your question remains open for over a week, and April 3rd is right around the corner. You've probably already been searching on your own by now. You could supplement your efforts with the "Find a Lawyer" tab above or the attorney referral... View More

2 Answers | Asked in Arbitration / Mediation Law, Divorce, Family Law and Child Custody for Arizona on
Q: Considering an amicable divorce with children, moving from AZ to UT. Where to file: AZ or wait for UT residency?

My wife and I are considering a mediated, amicable divorce, but we will be moving from Arizona to Utah this summer, possibly in August. We have been Arizona residents since 2023 and have two children, ages 9 and 5, with plans for 50/50 custody. We are deciding whether to file for divorce in Arizona... View More

Stephen M Vincent
Stephen M Vincent
answered on Mar 17, 2025

One of the requirements for filing in Arizona is that at least one of the spouses must be domiciled in Arizona for 90 days. That means you must have lived here for the 90 days prior to filing for divorce with the intent to remain here. You indicate, "We wish to file for divorce soon after... View More

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