Arbitration

Question: arbitration? I have won my case against my ex-boyfriend....his attorney and him are basically dropping their claim against me that we are common law married......which is just the best thing that has happened to me in a long time. now we will go through arbitration for the house to be sold and who gets what money out of it. has anyone ever gone through any arbitration and what can i expect to happen? I've never been through any thing like this before, so i'm not sure what to expect. I do have the best attorney in town, so i'm probably going to get what i want....

Answer: Well, arbitration is like an informal court procedure. The arbitrator is selected by the parties or appointed by a judge based upon his/her expertize in the appropriate area of the law. The proceeding are quite relaxed compared to court, although I'd still advise looking your best. I'm a great believer in 1st impressions. What is likely to happen? Since you are not married, your relationship will be treated like a business partnership and the profits from the sale of the house divided pursuant to the contributions of each party. Of course, these contributions are more than just financial mortgage payments. Who kept the house in a good state of repair? Who did the brunt of the housework? Who did the most to contribute to an increase in the value of the home?

Question: Arbitration? why do baseball players have to go through arbitration? and when are they eligible, and for how many years?

Answer: Arbitration is for players with between three and six years of major league service, along with a small percentage of those with between two and three years. No player MUST go into arbitration. For one thing, only the team can offer arb. For another, they can work out a deal through continued negotiation and never actually go before the arb board. As arbitration cases can be fairly contentious and lead to some bad blood, avoiding it (in favor of striking a deal) is widely preferred. Offering and accepting arbitration does extend the negotiation window. Arbitration can be offered to players with greater service time, but they can decline it. If arb is not offered to a free agent and he signs elsewhere, his former team is not eligible to receive draft picks as compensation. Contracts reached through arbitration are for one year only. The board does not have wiggle room; they choose the offer from the team or the request from the player. There's more, but that's the basics.

Question: How do you get a binding arbitration decision reviewed or overturned? I feel my arbitration decision was unfair. It is binding arbitration, but the whole setup seems biased toward one side.

Answer: it is...arbitration usually is biased...but is is final...only appealable to make sure the proper law was used..in federal district court.

Question: How to separate mediation issues from arbitration issues? My divorce agreement says the ex and I must "mediate" if there's a dispute. Yes, there are several disputes. But my ex keeps saying we need "arbitration". There are some issues for which I'd like mediation and keep some decision power, and some issues I'd agree for an arbitrator to decide for us. HOW do I make sure the issues stay separated during mediation/arbitration?

Answer: mediate.... arbitration..... when you get right down to it.... they are basically the same.

Question: can i refused to attend arbitration in the financial contract matter when the same matter is pending in court? can i refused to attend arbitration in the financial contract matter. when the same matter is pending in consumer court? if ex -party decision given by arbitrator because the non attention ,against me than what is remedies in legally?

Answer: The whole point or arbitration is the AVOID court-time. If you refuse to attend, the arbitrator will likely rule against you. If you refuse to accept the results, you'll of course go to court, but the judge will receive the results from arbitration as well, and will most likely take that into consideration when making his ruling. Thus, you *should* go if just to listen to what the arbitrator have to say. You can always refuse whatever he proposes. But NOT going will definitely hurt you.

Question: What government agency is responsible for overseeing arbitration services? It seems arbitration compainie obey no laws and make up their own laws.

Answer: Why yes, they do! While there may be some laws in some states regarding the qualifications to operate an arbitration company, there is no one agency for all 50 states. Worse, the courts favor arbitration as a way to reduce their own load and generally uphold the way things are done by arbitrators, even if the result is a direct contradiction of the law. Basically, the idea is that you contracted to have this character make the decision, so you are stuck with it even if it is irrational.

Question: How do people know how much of a raise a player will get in arbitration? I read articles and people say how much of an arbitration raise a player will get. How do they know?

Answer: They don't really know; they just make an educated guess. They base their guesses on how much money similarly talented players have gotten in recent years. For example, if Jonathan Papelbon were up for arbitration, baseball writers would look at other young closers who had gone to arbitration and estimate a figure that way. Also, since arbitration figures are supposed to be in line with average baseball salaries, they can look at the salaries of other closers for comparison.

Question: How do I file a demand for binding arbitration in Los Angeles? I have an auto accident/personal injury claim which the insurance company has sent to their law firm to handle. I only have a few days left before the statute expires and need to file for arbitration. Is there a form I'd use or do I just send a letter to the insurance companys' law firm? If so, what should be included in the letter? Lastly, am I responsible for contacting and selecting the arbitrator?

Answer: You usually can't demand binding arbitration on your own. If you have only a few days before the statute of limitations expires, then file a case in court immdeiately. Once that is done, you have satisfied the statute of limitations and you can go about negotiating an arbitration agreement.

Question: How often does arbitration work? I am considering asking my car insurance company for arbitration based on the amount they are giving me for a total loss car. In your experience is it worth the time and money for me to go to arbitration, or should I accept 800$ loss of what I think I should be getting for my vehicle.

Answer: research the fair market value of you car. Look at www.kbb.com or www.edmunds.com for a rough estimate. That is all they will give you for it. If they are not giving you the "fair market value" then you can try arbitration, but it may not help.

Question: What is the best way to prepare for union arbitration hearing.? For example, what is admissible and what is not? What should definitely be admitted? I am a union member involved in a "wrongful termination case and would like to be as prepared as I can for this arbitration hearing. Any advise will highly appreciated.

Answer: Bring along your hearing aids.

Question: How could you calculate what a player should ask in arbitration? Is there a website or something where you could find how much a baseball player should be payed roughly through arbitration? How much (ballpark) would a player and team ask for a player with a .260 avg, .314 obp, .365 slugging, and has a good outfield glove and descent speed?

Answer: It depends on how rich the team in question is, what age the player is, his track record (in terms of injury history and production in previous seasons), his potential to improve and put up better statistics, and what position he plays. If a player is young and puts up good numbers at a position where quality players are scarce (third base, shortstop, etc.), he'd receive more than, say, a good-hitting corner outfielder. For a player with the stats you have in mind, he wouldn't make very much. I'd say around $1 million at the most, because those stats are pretty horrendous. The first time a player goes through arbitration, he won't make as much as if he went through the second time (because he'd be closer to free agency then). Players make less money when they start out, and it's usually not until they reach free agency or receive a big contract to avoid arbitration that they receive anything close to their market value.

Question: Did you sign an arbitration agreement when you bought your new car? My credit union said not to sign this agreement. They said when you are looking to buy a car, ask them if you have to sign an arbitration agreement. If you do, go to another dealer. Will all car dealers eventually make you sign an arbitration agreement?

Answer: The previous poster is largely incorrect. The agreement your bank is telling you not to sign says that you are not allowed to sue the dealer if your car explodes. This is designed to screw you over and shield THE DEALER from lemon laws, not tell you your rights. Always refuse them!

Question: What about mediation followed by arbitration? I'll be going for mediation with binding arbitration regarding my divorce agreement. Am I correct that the parties can discuss all kinds of novel agreements during the mediation, but that if an issue goes to arbitration, the arbitrator will rule on the interpreting the original agreement? What if the parties are discussing a new, previously uncovered topic, and they fail to agree, can the arbitrator impose one of the proposals?

Answer: It's true that you are free to reach agreements in mediation that are far reaching, novel and beyond anything that you could get in arbitration or after an evidentiary hearing before a judge. You need to review the rules for your binding arbitration very carefully and follow them. There will be limitations to the outcome that are generally determined by the pleadings and divorce law as it is applied to the facts presented during the arbitration.

Question: In many aspects of business, a manager can choose to include an arbitration or mediation clause to govern disp? In many aspects of business, a manager can choose to include an arbitration or mediation clause to govern disputes, such as with customers and employees, or csn leave that out and use litigation. What are the pros and cons of such alternatives in regular business practice?

Answer: You can get your answer at business.extrasay.com

Question: How long before arbitration can be requested? Bobby Ryan is a RFA. It appears that his agents and Mr. Murray aren't coming to terms on a contract for him, but free agency has only been open for 12 1/2 hours. How long does he have to make a deal with the Ducks before he can request arbitration? Patrick - Great information! Why is he not eligible for arbitration?

Answer: The deadline for players to request salary arbitration is July 5, with cases heard in late July and early August. A player and team can continue to negotiate up until the date of the hearing, in hopes of agreeing on a contract and avoiding the arbitration process. Teams can also ask for salary arbitration. But a player can be taken to arbitration only once in his career, and can never receive less than 85 per-cent of his previous year's salary. There are no such restrictions on the number of times a player can ask for arbitration, or the size of the salary awarded. A decision must be made within 48 hours of the hearing. When the decision is announced, the team has the right to decline, or "walk away" from the award. If the team exercises this right, the player can declare himself an unrestricted free agent. The evidence that can be used in arbitration cases: The player's "overall performance" including statistics in all previous seasons. Injuries, illnesses and the number of games played. The player's length of service with the team and in the NHL. The player's "overall contribution" to the team's success or failure. The player's "special qualities of leadership or public appeal." The performance and salary of any player alleged to be "comparable" to the player in the dispute. Evidence that is not admissible: The salary and performance of a "comparable" player who signed a contract as an unrestricted free agent. Testimonials, video and media reports. The financial state of the team. The salary cap and the state of the team's payroll. Bobby Ryan isn't eligible for arbitration but teams could give him an offer sheet.

Question: what is an arbitration and what is its leagal validity in a financial contract matter?can i refused to attend? what is an arbitration and what is its leagal validity in a financial contract matter?can i refused to attend the above arbitration and what is its impact on me ?

Answer: It depends on what contract commits you to arbitration. You didn't mention that. You probably should show up. If a lot of money is involved you should get a lawyer, pronto. If you don't show up they may just decide against you. So, if you're going to refuse to participate, you had best show up and tell them that you're refusing to participate, and why. Credit card companies and the like use arbitration to save themselves the hassle of lawsuits. It also saves them tons of money because people don't show up, and then the arbitrator finds against them. Good luck.

Question: What is better Meditation, Negotiation, Arbitration for Prima facie case of Retaliation Circuit Court in MI? What is better Meditation, Negotiation, Arbitration for Prima facie case of Retaliaton for a student against a college in Circuit Court in MI? Best answer receives the points. OCR have already found them at fault and they signed a Resolution Agreement.

Answer: Trial by jury preserves your right to appeal if you are not satisfied with the result. Arbitration has no right to appeal. Your case will most likely be heard by three old white lawyers who have nothing in common with you and couldn't care less about you. Arbitration works well if both parties are of equal weight, i.e., an insurance company sues another insurance company. It sucks if one party is big like a HMO and the other party is little a HMO patient. If you don't like the result there is no appeal. Your stuck with the Arbitrators' decision. Mediation is good for small disputes. Sometimes it's used before trial to frame the issues. A good Mediator listens to each party's position and communicates it to the other party. This keeps the parties from getting into fist fights, etc. Negotiation is not a formal processes with fixed rules. It's an informal way for lawyers or people to try and come to terms with each other. Lawyers negotiate with insurance companies in the hopes of getting a good settlement instead of going through the long process of a trial which is expensive. The big advantage to a settlement is that you get your money faster and you avoid some court costs. But, the threat of going to trial is what drives insruance companies to give a decent settlement.

Question: In case of an arbitration if the plaintiff fails to file the arbitration what will happen? he sign an offer letter of an employment agreement. Both contain arbitration and provisions. The plaintiff did not file the arbitration case because he could not afford the arbitration cost, which under the employment agreements were his responsibility. Now he is suing his employer for false promises.

Answer: It depends on where the plaintiff is based. Some states severely restrict what can be obtained in an arbitration agreement. Employment agreements have more restrictions. As an example, in California, employment agreements that contain an arbitration clause have severe restrictions. An employee cannot be forced to pay more than the equivalent of the court filing fee. All other expenses are charged to the employer. There are other safeguards besides costs.

Question: Anyone in arbitration for their down payment in a Vegas Trump condominium? Long story short. Agreed in 2007 to buy a Las Vegas Trump Tower Condo. Made a big down payment. With the housing crisis, Trump says I can't qualify for the loan so they are going to keep 85% of my down payment. WTF? Hired a flake of an attorney. He says I am not alone in this fiasco. 3 years later, I am still in limbo. If you are in arbitration in any Vegas condos, any update is appreciated. I heard the condo owners at the MGM Vegas are also in arbitration.

Answer: I read about this in an article about a month ago... Doesn't look too promising for you. The article stated that there were many that went in on depositing on the Baja condo resort and ended up loosing out on it big time. If I were you I would get together with others that got hurt from this and discuss amongst them. You can ask your lawyer to look up others that were affected by it.

Question: How much jail time is given when an individual loses an arbitration case against a credit card company? My best friend has been served with arbitration hearing papers about a credit card bill his parents stopped paying and we need legal advice.

Answer: Zero. Credit Card defaults are a Civil matter and he can not go to jail for that. The only case he would is if there is fraud involved, but if it was fraud it would not be heard by an arbitrator it would be heard by a judge after he had charges filed on him. When he goes to arbitration and is found to owe the money he will have a judgment against him. Once that happens depending on his state they could Garnish his wages, attach his bank account or place liens against any real property.