Court Arbitrator

Question: Would you recommend going to an arbitrator to solve my property settlement as a way of avoiding court costs? My ex and I can't agree on amounts we should have for our property settlement. He is trying to take way over a reasonable amount as he keeps making up figures for everything, and I am raising our 3 children with no financial support from him. I feel I am being honest and have nothing to lose but would like to save the court costs as that is just wasted money. Has anyone tried arbitration and could recommend it - or not?

Answer: By court costs I'm assuming you mean the costs of an attorney during the negotiation process before the writing of the stipulation and separation agreement? Correct? I would recommend going to an arbitrator to cut down on those costs. Understand, however, that an arbitrator is not going to give you legal counsel or look out for your best interests. Their only job is to help you two get to some common ground on the issues, so it could end up being a waste of time if he's not willing to budge. There's nothing that replaces good legal counsel. Unfortunately, there aren't many attys that are willing to forgo higher retainers to just help someone out. Either way you decide to go, however, an atty will need to be contacted to draft or review your stip. If you choose to forgo this and just type one up with your husband, then you could hurt yourself in the long run especially with kids involved. I would suggest that see the arbitrator and find out if there is a compromise in there somewhere. Have your husband retain counsel and draft the stip (so that he pays for it and you don't). You then should retain counsel to review the document and check to make sure that it's fitting to your needs and that there are no problems or loopholes in the agreement that could present a problem in the future. That should be all that you need as far as legal services. His atty will draft the other necessary court papers and you can also sign a waiver so that you don't have to show up for the final decree entry hearing. All of your interests will be covered in the stip so you're covered at this point. Ultimately, divorces aren't cheap for a reason. You've put your lives together and made expensive little investments (your children) so it's worth it to spend some money or take a loan for the dissolution of the marriage. Protect yourself now, be happier later. Good luck to you!

Question: Is the right to appeal an arbitrator's award to a court unlimited?

Answer: In most cases, an arbitrator's award is not subject to appeal at all. One of the purposes of arbitration is to avoid court proceedings.

Question: Would I be able to settle a shoplifting dispute outside of court? I was arrested for shoplifting a couple days ago and I was wondering if it was possible to settle this with the store outside of court, using an arbitrator or a mediator.

Answer: Not if the charges were already filed with DA and court date set. Stores that prosecute don't worry about such things a Civil Demand will cover them for it. Learn more without judgment or sarcasm at link below. There you can get answers from experts

Question: I won small claim court 120$ How to collect my money? I took Michael Shabani to the court.on 03.25.2008 I won court 120$. Arbitrator wrote on April 29,2008 Mikel Shabani must pay 120$. Michael Shabani is corect name on Driver Lisence. Becouse of different first name, do I need go to the court and tell them? I need send subpoema to the bank to. Please tell me who can buy my right to collect money?

Answer: It's small claims court. No one is going to make them pay. There is nothing you can do about it.

Question: How long does it take a federal court to approve a class action lawsuit? There was a class action lawsuit against a company I worked for. It went to an arbitrator and they agreed on a settlement but the lawyer said it has to be approved in federal court first. How long does that take?

Answer: Years.

Question: Does anyone know how to petition the court to confirm an Arbitration Award? It was a binding arbitration in the state of Oregon. The arbitrator issued a notice of award, Arbitration Award, and a General Judgement and money award. I took it to the circuit court and they were unsure how to process this! I am limited to file this within 20 days... I have 16 days to file the petition... do I file the award and the judgement at the same time?

Answer: File both at the same time.

Question: How does the arbitration procedure in the New York "Civil Court work? Can any of the parties of an arbitration procedure in the Civil Court of New York be compelled by the Arbitrator to reveal personal information such as bank accounts, assets, place of employment, etc.?

Answer: Arbitration is a nonjudicial method of setting legal disputes. Arbitration is usually faster and less costly v. litigation...but arbitrators are not bound by evidentiary rules and are free to determine liabilities and relief as they see fit. Typically the decision is final and binding. Essentially, by using arbitration you are giving up your constitutional rights to a fair trial...but it is a right most sign away when agreeing to most contracts now-a-days.

Question: what are the chances of winning in small claims court after arbitration of insur. companies ruled against? My car was run into while I was stopped exiting a parking lot. Other party admitted fault at scene but later lied to insurance company who then went to arbitration. Arbitrator found equal fault. My photos clearly show they were at fault. Considering taking other party to small claims court for my $500 deductible but wonder what my chances of recovery are. Any thoughts or experiences? Thanks

Answer: if you were exiting from a parking lot (your words) he has the right of way.the court will not over turn the verdict unless you can prove that the arbitrator overstepped his authority in his ruling

Question: Can civil debt court garnish social security disability checks? I am being sued for debts I cannot pay. The court ruled I am liable for the principal but not the interest on the amount owed. The credit card company and I go before an arbitrator the end of February. My only income is my social security checks each month. Can the legal system garnish these wages which are already under the national poverty level?

Answer: I don't think they can garnish SS checks. I'm almost positive they cannot. They can however put a lein against your home and/or car. I don't think they will get a warm fuzzy feeling after meeting with the arbitrator though. As another poster suggested be sure you know exactly what your expenses are when heading in to arbitration. The credit card company has already written this off, so they are just hoping to get lucky and discover you've been hiding a big treasure chest of loot from them. Your new mantra for arbitration is, "I can't even pay my bills now." The Credit Card company will probably be stuck unless you're hiding any assets.

Question: How does the courts/arbitrators calculate injury settlements?? Can I be expected to receive money for the 37 months of being out of work at the rate I was earning at the time of the injury?? Can I expect pain and suffereing and how will that translate to financial figures??

Answer: The court, or an arbitrator, is likely to consider a variety of factors, including, first and foremost, liability. Assuming that the party being sued is held to be 100% liable, then the question moves to the nature of the injury or injuries, and the damage suffered. In calculating damages, the court (or, in some cases, a jury) considers the law of the state in which the case takes place. Does that state allow for pain and suffering? Does it cap damages for any reason? Does the state law compensate for lost wages? Pain and suffering is the hardest piece to calculate in precise terms, because no two people are likely to agree on how much pain and suffering is worth.

Question: Company X and Company Y have their dispute resolved in arbitration. The arbitrator makes an [Continued]? Company X and Company Y have their dispute resolved in arbitration. The arbitrator makes an erroneous finding of fact. This is a ground for a court to: a. review the merits of the dispute. b. review the sufficiency of the evidence. c. set aside the award. d. none of the above.

Answer: D

Question: Went to small claims court...lost...60 days to pay..if not wages are garnished???? I have 61 days actualy to pay 4300.00. The whole balance. I want to pay but don't have the money. I wanted to make payments. That wasn't allowed. Overall, if I don't pay within the 61 days she has an statement that says she can go to the sheriff's office to start process of getting wages garnished. Of course I don't want this to happen, I really don't have the money, and don't want to get someone else involve by borrowing it from them. I want to handle things myself. I REALLY WANT TO PAY. What happen's once she goes to the sheriff's office? Do they try to work something out with me? How much will be garnished? I always thought it was 10%? But reading other people's stories I see 25% etc. This was a personal loan. Not credit card or anything like that. HELP! Also, before we left court the arbitrator told her to try and get some money from me now. I have no problems with that but she hasn't even contacted me. I figured if she did, that was a sign that she was trying to work something out For starter this has nothing to do with credit. Before you judge be sure to ask question if your uncertain of things. It doesn't hurt, it only take a second Frank. I am currently work full time and going to school part time. I borrowed money due to hard times. Last time I checked that wasn't a crime. I fell back on some payments, the person was willing to work it out. She called me to cancel the claim against me in court, but what shocked me, is that when she got to court and had this big attitude like I was running away from her. We were communicating. I don't want to borrow from someone else, to pay her off. I want to handle it on my own.

Answer: This is like the 5th time I've seen Frank give a completely condescending answer without any idea of the original posters circumstances. Hey Frank, how about you come down off your Ivory tower and get a clue? Now to answer the question. The best advice I can give you is to save up as much money as you possibly can and then try to settle with whoever you owe the money too. Remember just because they have a judgement, they can still accept settlements and/or payment plans...although they will likely be less willing. Frank - Better, but still wrong...especially seeing as how the OP clearly states she wants to pay. I bet it just drives you nuts that I teach people their rights, doesn't it? Especially when you give incorrect information to the contrary.

Question: Arbitrator's responsibility and authority following a legal judgment regarding non-payment of a debt? After being taken to court and a judgement against me handed down the other party and mayself have been assigned to an arbitrator. I had sent the court an "Answer" and didn't even know a ruling would take place without me being there. I had thought an arbitrator was assigned by the court to rule on the matter. I cannot afford a lawyer as I live on disability. Recently I was sent a followup document that I owe the original amount, plus court costs and 10% interest. This wasn't stated in the original ruling docs I received. What is the purpose of an arbitrator at this point? The Arbitrator wants a document stating elements agreed on and those still in dispute. I have several issues in dispute worth several thousand dollars. The other party tells me there is no need for an arbitator. Do I have any chance of having the amount disputed reduced or am I too late for changes to the ruling? I reside in Arizona. Also can I be arrested if unable to pay? I'm disabled and own nothing.

Answer: Contact your local Legal Aid society, or Bar Association, for a referral to ian attorney willing to do Pro Bono work. From what you are stating, it appears a judgment had been rendered; despite the Court referring the parties to arbitration. That does not make sense! Good luck!

Question: What if Someone Threatens You In Court? a person threatens you in court, and the arbitrator hears it and witnesses it. He escorts you upstairs from the person that threatens you. Also the person tries to lunge at you and scare you as you pass the hallway..............witnessed again. After the court hearing, the court clerk pulls you aside and tells you to wait 10 minutes inside the court room so the stalker will not harrass me further. Can all of this information be used as court evidence????? Should I get their names arbitrator and court clerk because they all witnessed this woman stalkers behavior and threat toward me???? NOTE: THIS WAS IN A COURT BUILDING AND THERE ARE CAMERAS.

Answer: Your first step is to file a report. You can contact the local PD to do it. When you speak with the officer give him all the info and request to press charges. An investigator from either the PD or PA (prosecuting attorney) should pull the tapes and decide if their is sufficient evidence to prosecute, and exactly what charges to file. If someone lunged at you then it may be considered assault, depends on the state.

Question: The role of the Supreme Court in reconstruction could be summarized as? A. an important agent in the Republican Radicals' agenda for civil rights. B. a decisive agent for the expansion of civil rights and federal power. C. a reactionary agent which undermined reconstruction. D. a progressive, but objective, arbitrator over civil rights issues.   B, i think. federal gov, was really taking charge of alot during this time

Answer: Read this and you will know which letter to pick.

Question: In what court would one sue the NYSE for prejudicial arbitrators and failure in Due Process? Statue's of limitations??

Answer: If you agreed to a binding arbitration and have evidence of prejudicial actions by the arbitrator your recourse is through the Federal court system. Due Procees is a constitutional matter.

Question: How do I serve someone with a subpoena? I'm involved in a civil lawsuit with a body shop for improper repairs to my vehicle. I already spoke to the arbitrator on the original court date who told me that in order to win my case I really should bring the mechanic in with me. The mechanic works for Land Rover and they have some stupid policy about allowing their mechanics to testify in court. The manager said I need to serve the mechanic with a subpoena. What EXACTLY do I need to do to serve him with one? Thanks...

Answer: Find a neutral person to give him the subpeona.

Question: Can an arbitrator's decision be enforced in the courts?

Answer: Yes. An award passed by an Arbitrator can be executed by the courts.

Question: Can you please help me find an attorney who will work hourly in the Orange County (CA) area? I filed in civil court against my insurance company and arbitrator (over $25,000). I am looking for an attorney who will work hourly to help me with some of the paperwork and give me some advice as needed. I do not have enough money to hire an attorney for an extended period of time.

Answer: Look in the phone book for someone who advertises a free initial consultation and hopefully contingency. If they have that, they will look over your case and see if it merits them spending the time on it. Then if they do contingency, they don't get paid until you win. If they only advertise the free consultation part, then talk to them about doing contigency. If they say no, go to the next one who offers the free consultation and keep going until you find one who will. If your case is good, the chances of winning are very high, someone will take it on contingency.

Question: I have filed an application under section 34 of Arbitration and Conciliation Act, 1996, High Court Delhi? Arbitrator order degree of Rs.60 lakhs against me ,I have filed an application under section 34 of Arbitration and Conciliation Act, 1996, In the high Court of Delhi , High Court Judge gave a instruction to me Without listening to my case , that ,First I have to deposit 60 lakhs Rs then He will listen the case ,If I fail to deposit Rs.60 lakhs to Delhi high Court , he would Dispose the application under the section 34 of Arbitration and Conciliation Act, 1996, Is this direction of High Court Right? If No, What should be my next step , how Should I request the Court By filing the new application so that without depositing any money my Case will be heard, Please Guide me, and provide me links and right Judgment Copy attachments which will in favor of my Case. Please reply me immediately as it urgent matter.

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