Arbitration basics

Some contracts contain arbitration provisions that either can or must be followed if the parties have a dispute at a later date. In this video Michelle reviews the basics of arbitration, when it can be used, how relates to the court system and how it works.
For information on the American Arbitration Association for handling your dispute go to www.adr.com

Пікірлер: 88

  • @depaula_rodrigo
    @depaula_rodrigo3 жыл бұрын

    That chair turning was... well, it was

  • @bexbii_6723

    @bexbii_6723

    Жыл бұрын

    it was so slay

  • @Law_of_Power

    @Law_of_Power

    Жыл бұрын

    Very well done.

  • @CNicholeXo

    @CNicholeXo

    9 ай бұрын

    Hi! Does this work the same exact way for a leased car that you want to cancel because you can’t afford it but the dealership prolonged a whole week and now it’s too late because the title is now registered to me?

  • @hypershadow6760
    @hypershadow67603 жыл бұрын

    Love the chair spin!!! The information was great too 😁

  • @herpsociety
    @herpsociety4 жыл бұрын

    Well..., that Michele is the prettiest lawyer, I've ever seen. :)

  • @keishasmith9118
    @keishasmith91182 жыл бұрын

    THANK YOU SO MUCH FOR YOUR RESPONSE. I really appreciate it and i will take your advise. Thank you!

  • @disneydollars
    @disneydollars3 жыл бұрын

    Settling outside of public this week is good for all parties involved.

  • @canwejustloveeachother2550
    @canwejustloveeachother2550 Жыл бұрын

    This chair spin has sent me! 😂😂😂😂 I just discovered your channel today. New subbie here. Love this to-the-point explanation

  • @niklosray-wm3vq
    @niklosray-wm3vq Жыл бұрын

    So my personal interpretation of thie word derived from this video is that a synonym for arbitration is translation, and with me as the arbitrator that means collecting fragments of information and describing truth without involving law. My simplified explanation is that arbitration is the topic of interest yet within this word I can still identify the word (bar). Avoid conflicting interests by being honest please.

  • @keishasmith9118
    @keishasmith91182 жыл бұрын

    as a first time home buyer, i purchased a new construction slab home in GA. According to the Builders Warranty Century Complete, requires that i arbitrate to resolve the structural damages and defects due to poor workmanship and craftsmanship. I need to retrieve over $7500 in order to get the major issues replaced, one example is the slab concrete foundation was built uneven and the siding is directly on top of the slab with exposed wood half way around my home. the builder decided to use plumbing spray foam directly around the entire house to cover the exposed and uneven foundation. lit is a total mess. not only do i have this problem, i will definitely have a termite infestation in a year or so whenever the termites eat through the foam. the builder is denying the problems. Also, i have a water hammer in the walls, the banging is so loud you can hear it throughout the upstairs and downstairs when the water holes are turned on. The plumbing was done improperly, i have loose pipes in the water. Also, i have moisture streaks through the upstairs ceiling because there is a roof leak in the ceilings. The drywall is another problem, i have too many nail pops in the ceiling, walls etc.. framing and bubbles throughout sections of my home. The grading is bad, i have puddles of water idling over 24 hrs around the home after a good rain fall. also water doesn't pour away from my foundation to unto the slab and stay wet over 24 hours I live in Troup County GA... my home is 10 months old, my warranty is expired in Dec 2021, What can i do. I cannot afford an attorney or the fees to arbitrate, and i know the builders set up arbitration for that very reason. Can you help?, refer me to someone that i can speak with or assist with legal advice? PS: Can i still arbitrate with a residential home builder after the warranty has expired? if so, how long, two years? Thank you for your time.

  • @FinelyRevealed

    @FinelyRevealed

    2 жыл бұрын

    Hi @Keisha Anytime there is a warranty you need to read it carefully for the way that any claims are made and then make them in writing as directed and send it with confirmation of receipt- either certified or registered mail or fed ex etc. Some arbitration clauses provide for the manner in which that shall be initiated and under some procedures a nominal fee is required to be paid up front and any balance can be worked out. This sounds significant enough for you to contact a real estate attorney and meet with them for an hour or two and pay them to review your case and give you guidance on the claim and the arbitration demand.

  • @anamiguel1298
    @anamiguel12982 жыл бұрын

    Thank you 💕 ma'am 🎉❤️

  • @niklosray-wm3vq
    @niklosray-wm3vq Жыл бұрын

    Can you please describe in a video what word cloning is in relation to the word arbitration; involved in cell phone agreements, and insurance policies? Thanks.

  • @syedimranh.sprofessoremeri6678
    @syedimranh.sprofessoremeri66782 жыл бұрын

    Great lady

  • @lindsayhengehold5341
    @lindsayhengehold53412 жыл бұрын

    I’ve been in arbitration before against an insurance company for an UIM case but they never even ended up taking my deposition ( just the interrogatories were taken). I was able to fully settle my case being unrepresented and received the UIM insurance policy limits for my family ( all three of us had claims).

  • @FinelyRevealed

    @FinelyRevealed

    Жыл бұрын

    Congratulations Lindsay!

  • @kamiperzsi7495

    @kamiperzsi7495

    Жыл бұрын

    Did you file against the other drivers company or yours and how ? Do you go to the court house and do paperwork or do you contact tye insurance company and tell them you want arbitration?

  • @joannroberts601
    @joannroberts6013 жыл бұрын

    what if you are awarded in binding arbitration and told after the fact that you must sign a release and hold harmless agreement prior to receiving it? In other words why didn't they speak of these provisions prior to arbitration?

  • @FinelyRevealed

    @FinelyRevealed

    3 жыл бұрын

    HI @JoAnn An arbitration award is not a judgment as one would receive from a court. So it is not unusual to ask for a release and hold harmless in connection with the payment of that award being made. It is good that they are agreeing to make the payment. Get a copy of the release and hold harmless to look at in advance and have an attorney do a quick review for you to be sure you interests are protected. Congratulations on winning !

  • @bangtanlover1083
    @bangtanlover10833 жыл бұрын

    To become an Arbitrator do I need to study History or which subjets are suitable to study?

  • @FinelyRevealed

    @FinelyRevealed

    2 жыл бұрын

    Hi @Bangtan Check with your state for licensing or certification and see what is required generally and then for particular types of matters there is other training you can obtain.

  • @dottiekiley2171
    @dottiekiley21715 жыл бұрын

    Is arbitration used in divorce cases where major disparity in incomes after 30 year marriage? Or, is mediation a better option?

  • @FinelyRevealed

    @FinelyRevealed

    5 жыл бұрын

    HI @Dottie -Divorce proceedings are statutory and so are brought as court cases. Many times mediation (but not arbitration) is used on the parties agreement to try to work out an agreement and some courts order mediation to be attempted before the issues are brought to the judge at trial. Of course not all mediation sessions are successful and so in those cases then the judge decides.

  • @patrickobryant6795
    @patrickobryant67952 жыл бұрын

    Lots of good information that I found to be very useful; However, in the actual contract there is a Arbitration clause from the other party. Also in the paperwork from the Courthouse thet are using has it too(ADR clause). The summons with complaint that was servered was in thier service for the law suit that the otherside initiated not me. So would I not have the right to have a " Motion to Compel Arbitration " filed becase they have already did thier Court filing and according to that Courthouse I have to file the Motion to Compel with the Judge in that Courthouse.

  • @FinelyRevealed

    @FinelyRevealed

    2 жыл бұрын

    Happy to help Patrick. Yes, the language in the contract is binding on the parties. If the type of dispute is covered by the clause you describe then a filing can be made with the Court to stay the case or dismiss it and direct the parties to arbitration.

  • @kamiperzsi7495
    @kamiperzsi7495 Жыл бұрын

    I have a insurance company ( auto adjustor from the other drivers side) lowballing my vehicle and using bad faith practices ( which you can't take to court in PA), the paperwork didnt have the appraiser signature ( required title 31: 62) and she lied about the inspection location ( not done at my home but just through photos). I had to fight to get both updated and changed and now one of the vehicle their comparing mine to ( after I researched the vin) is a totaled out vehicle at an action house. I honestly don't know what to do at this point. I've contacted her supervisor ( whose on her side naturally) and I've filled a complaint at the insurance state department who can take up to 30 days just to get back to me Can I file an property Arbitration claim at the court house ?...and how ?

  • @FinelyRevealed

    @FinelyRevealed

    Жыл бұрын

    contact an attorney to review this- there are probably remedies you have not thought of that can help. So sorry this happened. Arbitration is based upon the clauses in a contract however there are some situations where a state law may provide arbitration as a course of action. Otherwise courts or attorney general relief may apply.

  • @solarappointment3171
    @solarappointment3171 Жыл бұрын

    Thank you for the informative video. I signed a contract that said that if the employer and I had any disagreements then we would have to go through arbitration. We have a disagreement but he gives many excuses for not wanting to go through arbitration. How can I force him to go through arbitration?

  • @FinelyRevealed

    @FinelyRevealed

    Жыл бұрын

    HI Solar- look at the contract and see if it spells out the steps. To begin an arbitration one side would send a written demand to begin the process. If your contract is not specific on what is to happen then contact an attorney who can give you the information you will need based on your state law and who can also help you present the case (or not) as you may request.

  • @yourdaddy3571
    @yourdaddy35712 жыл бұрын

    Love the cool chair spin! This lady means business! Hahaha. I have a tiny question, are there other people at the arbitration besides your lawyer(s)and you and the company’s lawyer(s) and Mangment? Like spectators(kinda jury type) or just the parties involved?

  • @FinelyRevealed

    @FinelyRevealed

    2 жыл бұрын

    Some arbitrations are only submitted in writing and the arbitrator reviews and decides. If there is a session where arguments and evidence are presented to the arbitrator it is not in public but in a private conference room with only the arbitrator, parties, lawyers and witnesses.

  • @yourdaddy3571

    @yourdaddy3571

    2 жыл бұрын

    @@FinelyRevealed awesome, thank you for explaining this. Cheers and all the best.

  • @ddblech1
    @ddblech1 Жыл бұрын

    Hey, thank you for this video. Can anyone become a Finra arbitrator? I have done some research and while I technically don't have to have a certification, I would need a bachelors and a certain number of college credits, which i have. The problem is that I don't have any advanced degrees and my degree was in political science with a minor in business and even with the supplied training, why would anyone choose me to arbitrate when they can select someone who has a law or accounting degree or if you have already worked in the financial sector? Is it worth it to go into arbitration if I don't have that particular background?

  • @FinelyRevealed

    @FinelyRevealed

    Жыл бұрын

    Great questions Scruff - just like in any business each person has unique skills they bring to the situation. Everyone has to start somewhere and if you are interested you should check it out.

  • @mikesmith-cc2qr
    @mikesmith-cc2qr2 жыл бұрын

    Case already been decided in court. Judge awarded me $1300. in Punitive damages. Other party appealed decision and is now wanting Arbitration. Court sent me papers to appear for Arbitration. Do I have to go

  • @FinelyRevealed

    @FinelyRevealed

    2 жыл бұрын

    For your specific information you should check with a practitioner in your area as there are state specific issues that may apply.

  • @doodles8966
    @doodles89665 жыл бұрын

    I signed a arbitration clause in nursing home papers I signed for my grandmother. If something were to go to arbitration for neglect or injury of my grandmother. can there still be an award for the issue they caused? If so,it sounds like they could choose not to pay and then I would have to take it to court?

  • @FinelyRevealed

    @FinelyRevealed

    5 жыл бұрын

    Hi @Nicole The terms of the contract will specify what types of disputes would e covered or 'compelled' to be brought under arbitration- sometimes it is any and every dispute and sometimes only certain types. Then yes you are correct- once taken to arbitration there is no guarantee that the 'loser' performs the decision of the arbitrator and if they don't then it must be brought to court to e enforced. likewise the loser can appeal the arbtiration award in court.

  • @chrism8699

    @chrism8699

    3 жыл бұрын

    What about bias...is there any way the dependent such as a business could get favoritism from an arbitrator or is it regulated to keep it fair?

  • @owood5243

    @owood5243

    3 жыл бұрын

    @@chrism8699 Yes there is bias usually with repeat players like corporations against the single player the consumer. Some contracts lets both parties agree who arbitrates while most contracts will have the corporation choose the arbitrator even if you have a dispute with that corporation the decision who arbitrates is the corporations. And with that corporation always using those arbitrators and the arbitrators get paid because of the dispute yes they will more likely side more with them for future revenue. I found this article about a nonprofit group called Public Citizen that revealed this. In an examination of 19,000 California mandatory-arbitration cases handled in 2003 by arbitrators appointed by the for-profit National Arbitration Forum (NAF), the nonprofit watchdog group Public Citizen found that companies prevailed over consumers in a whopping 94% of the disputes. When two companies had arbitration the numbers are closer to 50%. That may have been a while ago, but doubt the percentage has gone down much if any.

  • @Serge1989568
    @Serge19895682 жыл бұрын

    How long does arbitration usually last. Can arbitration last for years?

  • @FinelyRevealed

    @FinelyRevealed

    2 жыл бұрын

    Arbitration is a fairly fast (faster than a court proceeding) - choose an arbitrator who has time- make a schedule and stick to it. Months not years generally- depending on the kind of situation and schedules.

  • @yousseffar9925
    @yousseffar99252 жыл бұрын

    I have foreign Arbitration award final not challenged regarding real state property loan dispute in California, I'm interested to validated to a Judgement can you assist please advise.

  • @FinelyRevealed

    @FinelyRevealed

    2 жыл бұрын

    You would need to contact an attorney in California - contact the bar association in the county where the filing will need to be made.

  • @administrationmunicipal7380
    @administrationmunicipal73802 жыл бұрын

    To the World Championships in Wariewa Doping Yoshihisa Hayakawa, an arbitrator at the Court of Arbitration for Sport (CAS), has ruled that he will be allowed to participate in the Beijing Games. Pointed out that there was a "serious defect". On top of that, he pointed out "NO!" To participate in the world championships. Why was such a ruling made? For some time, Mr. Hayakawa said, "I think that CAS ruling was wrong. If I were an arbitrator, I would have made the opposite decision. " "As far as the provisions of provisional suspension are read, malicious substances (trimetazidine) are unconditionally suspended. There is no exception to exclude persons requiring protection (under 16 years old), and there is no comment that it will be treated specially. Therefore, letting Wariewa participate does not fit the original purpose. , WADA also points out that the regulations are misread. " Although the exceptions are not clearly stated, CAS allows participation with its own interpretation. This has led to various "tragedy". Mr. Hayakawa pointed out that "Warieva is suffering from the double pain of suspicion of doping and antipathy to special treatment." He concluded, "I don't think the world championships should be played."

  • @pridababy
    @pridababy8 ай бұрын

    Is this done in person or via mail?

  • @FinelyRevealed

    @FinelyRevealed

    7 ай бұрын

    Arbitration begins on paper submissions and then there is a meeting where each side presents their case.

  • @rebitachanu2799
    @rebitachanu27996 жыл бұрын

    How do I apply for ADR course for LLM

  • @FinelyRevealed

    @FinelyRevealed

    6 жыл бұрын

    HI Rebita. Not sure of this question- if you are going to study for your LLM then there may be a course within that school's curriculum that would help. To be a mediator etc there are training courses for that- check with your local bar association.

  • @bhuvaneshwaribiradar9366
    @bhuvaneshwaribiradar9366 Жыл бұрын

    Hi madam I want know can we challenge arbitration award in Court.Please Explain.

  • @FinelyRevealed

    @FinelyRevealed

    Жыл бұрын

    Hi Bhuvaneshwari thank you we will create another video. There are only limited reasons. You will need an attorney to help on this.

  • @olechuga2
    @olechuga23 жыл бұрын

    On a bad debt collection lawsuit as a Defendant, who pays for the arbitration? Thank you, Ma'am.

  • @FinelyRevealed

    @FinelyRevealed

    2 жыл бұрын

    Hi @Oscar Usually costs are divided but those can be part of the arbitration in the end so one side may be reimbursed. Good luck!

  • @mdbaron871
    @mdbaron8713 жыл бұрын

    Chair spin will be the next Bernie with mittens. 😄

  • @tytraulich4987
    @tytraulich49872 жыл бұрын

    This sounds like SOL. Last time I did this, I couldn’t find my physicians medmal insururer on the billing statement. I found it too unprofessional to reach out to said physician for his insurer at the time of the malpractice. Beyond the SOl of course

  • @enmanuelmendezcardenes7938
    @enmanuelmendezcardenes79387 ай бұрын

    Please, how can I get arbitration name, information

  • @FinelyRevealed

    @FinelyRevealed

    7 ай бұрын

    Do an internet search for arbitrators in your area or contact the local bar association for a list. Good luck!

  • @coolcreamykiwi
    @coolcreamykiwi2 жыл бұрын

    beautiful necklace

  • @RedmanMusic2017
    @RedmanMusic201711 ай бұрын

    Can you arbitrate against a government corporation such as Ohio Family Jobs and Services?

  • @FinelyRevealed

    @FinelyRevealed

    11 ай бұрын

    Only if there is a contract that provides for any disputes to be arbitrated or when a dispute arises and the two sides agree to submit to arbitration. So it is possible but not automatic.

  • @HamJamming
    @HamJamming Жыл бұрын

    I am a retired attorney who practiced law for 35 years. I do not recommend that anyone participate in arbitration. You need to remember that arbitrators make their living by constantly receiving referrals from one side in the dispute, so they can't afford to make that side angry.

  • @abdulmumeetahmad913

    @abdulmumeetahmad913

    Жыл бұрын

    Both the side agree to appoint the Arbitrator.

  • @HamJamming

    @HamJamming

    Жыл бұрын

    @@abdulmumeetahmad913 Yes, the side that controls the assignment of lots of cases to arbitrators tricks the other side into agreeing to an arbitrator who will decide in favor of the party controlling lots of cases.

  • @susankaye2569

    @susankaye2569

    5 ай бұрын

    I am trying to decide if I should open a case against a national homebuilder. My concern is exactly what you stated in your comments. Given this, and my situation, as an attorney would you recommend an alternative dispute resolution, and if so, what would that be? Thank you

  • @tothepointreviews9675
    @tothepointreviews96752 ай бұрын

    Interesting woman

  • @artistryarticle6859
    @artistryarticle685911 ай бұрын

    ❤ Turn aroundddd...

  • @john-zd9hd
    @john-zd9hd Жыл бұрын

    Forced Arbitration should be banned, since people believe that arbitration always favors the business and not the consumers. In today's society, there should be a law to protect the consumers if they don't want to sign the MANDATORY Arbitration that most (if not all) businesses FORCE their customers to sign before providing services or products. Arbitration should be an OPTION and not a forced agreement for providing services. If the customers choose to opt out the arbitration, business CAN NOT refuse providing services/products to the customers. Customers believe that arbitration is an UNFAIR way to resolve a dispute and should be banned, since arbitration is always in favor to the businesses and not the customers. Arbitration could lead the businesses to believe that they can cheat or do any harms to the customers and can still get away with it, since they know that arbitration will prevent the customers from suing them; and if an arbitration is conducted, the business will always win anyway because the rulings come from an arbitrator instead of a judge, who uses a set of laws to rule and whose payment/salary is paid by the government. People look at arbitration as a wolf in sheep's clothing. Imagine if all businesses require the consumers to sign an arbitration to give up their rights ( i. e., cannot sue), and will not providing services/products until signing the arbitration, then it would be a disaster. If arbitration has to be in the contract, make it as an OPTION for the customers to opt out, instead of a requirement for providing services. Business dispute should be resolved under a court of LAW and not based on the BIASED subjective OPINIONS from the arbitration.

  • @FinelyRevealed

    @FinelyRevealed

    Жыл бұрын

    Thanks for the comment John. One word answer- take that out before signing. Negotiate

  • @john-zd9hd

    @john-zd9hd

    Жыл бұрын

    My concern is if ALL the companies/businesses will make it a FORCED Arbitration or non-negotiable, and refuse to provide services/products until people sign it, since they know that people need those things to live like buying a house, a car, or having a job, etc. The law gives people a right to sue if businesses try to cheat on them. Nowadays, businesses go around it and create the arbitration trick, force people to sign and cannot sue them, so that they can cheat or take advantage of people, since businesses know that the arbitration protects them and not the customers. This doesn't sound right, and it is ashamed that there is nothing we can do to stop or prevent this FORCED Arbitration at all. Arbitration should be an OPTION and not FORCED agreement. It is wrong to force people to give up their rights in order to provide services or products.

  • @yousseffar9925
    @yousseffar99252 жыл бұрын

    I also filed a case in U.S district Federal Court of Sacramento California Case “No. 2:20-mc-0273-TLN-KJN PS 12-03-2020 to enforce my Awards.

  • @user-sj8tf4gv1b
    @user-sj8tf4gv1b Жыл бұрын

    Hi

  • @kendolynow
    @kendolynow6 жыл бұрын

    You're excellent! Thanks for this video & explanation.. I do have a direct question I'd like to ask you. What's your email?

  • @FinelyRevealed

    @FinelyRevealed

    6 жыл бұрын

    Thanks Kendolyn- on the about page you can access our email.

  • @professoral1877

    @professoral1877

    2 жыл бұрын

    @@FinelyRevealed can you be held liable if you sign arbitration documents when being hired but decide not to continue working for a seasonal position and have to pay the company the time you were supposed to be there for there seasonal duration?

  • @uzomaonyejekwe9266
    @uzomaonyejekwe9266 Жыл бұрын

    Lady is just talking why inhaling marijuana in front of her. Thanks for the lesson though

  • @Longhorn_Legend
    @Longhorn_Legend Жыл бұрын

    This video needs to be fixed. Audio does not match the video.

  • @sherrodhenderson521
    @sherrodhenderson5214 жыл бұрын

    Oh yea she's beautiful

  • @p2pportal
    @p2pportal2 жыл бұрын

    how bout JAMS? any thoughts on them? them vs AAA? thank you very much