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Arbitration / Mediation Law Questions & Answers
2 Answers | Asked in Child Custody, Arbitration / Mediation Law and Family Law for Minnesota on
Q: Can my husband file for temporary full custody after his daughter self-harmed in the mother's care?

My husband has had joint physical and legal custody of his 12-year-old daughter for ten years. We live in Central MN, while the mother resides in the Twin Cities metro area. Recently, the mother refuses to communicate with my husband. He has always adhered to the custody schedule and has never... View More

Jason Kohlmeyer
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answered on Jun 10, 2025

Yes, your husband can take legal steps to seek temporary full custody if there’s a serious concern about his daughter’s safety, especially following something like a suicidal attempt or serious self-harm in the mother’s care. In a situation like this, he should talk to his attorney about... View More

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3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Can employer enforce signing an arbitration agreement after hiring?

My employer is requiring all existing employees to sign an arbitration agreement by August 1st, although it was never part of the hiring process. No information has been provided about the consequences of refusing to sign. I am also a union member. Can they enforce this requirement?

Michael R Trust
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answered on Jun 3, 2025

Hello. Yes, your employer can require it at any time, unless your union contract prohibits it. What does your union say? If your employer requires it, and your union doesn't prohibit it, it's a condition of employment and not signing could result in termination. Good luck.

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3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Can employer enforce signing an arbitration agreement after hiring?

My employer is requiring all existing employees to sign an arbitration agreement by August 1st, although it was never part of the hiring process. No information has been provided about the consequences of refusing to sign. I am also a union member. Can they enforce this requirement?

Brad S Kane
Brad S Kane
answered on Jun 3, 2025

In California, an employer can legally terminate you for refusing to sign an arbitration agreement as a condition of continued employment. However, certain types of claims are not subject to arbitration as a matter of law, such Private Attorney General Act ("PAGA") claims.

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3 Answers | Asked in Divorce, Arbitration / Mediation Law, Real Estate Law and Family Law for Minnesota on
Q: Can I request judicial help for spouse-neglected mortgage payments during a divorce?

I'm currently going through a divorce with mediation ordered by the judge. My spouse and I both have our names on the mortgage, but my spouse has begun to neglect the payments. The shared debt includes plans to sell the home. Is there something I can request from the judge that will help me... View More

Robert Kane
Robert Kane
answered on Jun 2, 2025

Yes. You can request judicial help (temporary order) for spouse-neglected mortgage payments during a divorce. Spouses have a fiduciary duty to act in the best interest of the other spouse regarding assets during the divorce process. Of course, your specific circumstances will dictate what you... View More

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3 Answers | Asked in Divorce, Arbitration / Mediation Law, Real Estate Law and Family Law for Minnesota on
Q: Can I request judicial help for spouse-neglected mortgage payments during a divorce?

I'm currently going through a divorce with mediation ordered by the judge. My spouse and I both have our names on the mortgage, but my spouse has begun to neglect the payments. The shared debt includes plans to sell the home. Is there something I can request from the judge that will help me... View More

Jason Kohlmeyer
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answered on Jun 10, 2025

In your situation, make sure you talk to your lawyer right away about requesting a temporary relief hearing (sometimes called a motion for temporary relief). These hearings are meant to address urgent issues like missed mortgage payments or custody if you have kids while the divorce is still... View More

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2 Answers | Asked in Arbitration / Mediation Law and Employment Law for Florida on
Q: Do I have to sign an arbitration agreement after job change in Florida?

I'm in Florida and have been employed with my company for five years. Recently, I was moved to a new department in a lateral position, which I felt I had no choice but to accept. My employer just sent me an arbitration agreement to sign with a specified deadline. I haven't spoken with HR... View More

Tim Akpinar
Tim Akpinar
answered on May 27, 2025

A Florida employment attorney could advise best, but your question remains open for almost two weeks, and you mention a deadline. My experience with arbitration agreements is limited to injury claims, but from my experience there, I can say that they are enforceable (in terms of precluding... View More

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2 Answers | 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

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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

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3 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

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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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