How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LADYLAWYER Your Own Question

LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
7887522
Type Your Legal Question Here...
LADYLAWYER is online now
A new question is answered every 9 seconds

I own a small independent record label in VA. I signed an artist

Resolved Question:

I own a small independent record label in VA. I signed an artist and produced and professional recorded a mastered cd for sale. This project was completed on May 2,2008. On May 4,2008 we had a concert which my artist promoted at his home church. We were successful selling 162 cd's   at this show. At the end of the show this artist as given 30% of the sales and my label kept 70% as the contract between us states. After this concert we had about two other shows with poor sales. He took 100 cd's shrinkwrapped with barcodes to these shows , and stated he sold them however never gave the company their 70%. At this point this artist became became very discourage and by June 20 completed bailed out on the project. Until November 14,2008 we did not have any contact after attempting to reach him several times. He now states he wants out of his contract, and we as a company have spent over $12,000.00 recording and promoting this project. Where should we go from here.
Submitted: 6 years ago.
Category: Legal
Expert:  LADYLAWYER replied 6 years ago.

Hi,

 

If your contract states that you have to go through mediation or arbitration, you have to go this route. If you do not, the judge can toss your action out of court and then you will be out all that money you spent to file the action. If you have the option of arbitration OR mediation, you probably want to choose arbitration. This is because an arbitrator's decision is binding where what happens at the mediation is not. As this person has obviously breached his contract, you are certainly entitled to damages. This is actually good news for you because even though you could have sued for your court costs and legal fees from this person, you will not have to expend that money up front in order to be compensated through arbitration. You'll have to look at the contract carefully to determine what your options are.

 

 

_______________________________________________________________________

 

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.

 

 

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
LADYLAWYER and 12 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Mediation and Arbitration
This is what the contract actually states"in the event a dispute arises out of connection with this agreement, the parties will attempt to resolve the dispute through friendly consultation (we've already tried this)

If the dispute is not resolved within a reasonable periodthen any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation.If mediation is not sucessful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the Commonwealth of Virginia. The arbitrator's award will be final , and judgement may be enter upon it by any court having jurisdiction within Virginia. (Who is the mediator in this instance? and would the arbritrator be a neutral lawyer? and would this be all at my expense?

Expert:  LADYLAWYER replied 6 years ago.

Hi,

 

Okay, thank you for the accept and the additional information. I will be happy to help you further.

 

According to the terms of your contract, you would have to try mediation first. The two of you can choose your mediator by mutual decision. A mediator is a neutral party and most of the time, they are attorneys. The fairest thing to do would be to split the cost of the mediation between the two of you, even though the reason you are there in the first place is because of the other party's breach. Of course, you do not have to agree to this, but you may get farther if you do. You will have to discuss the terms of payment with the mediator. Each one has their own policies and they all charge different prices. If you are in York County, you can find a list of court certified mediators here: http://webdev.courts.state.va.us/cgi-bin/mediation/search.cgi/g?circuit=Circuit9.

 

Of course, there is always the possibility that the breaching party will not voluntarily go to mediation or arbitration. In that case, court is your only option. What will happen in that scenario is that the judge will enter a court order forcing the two of you back to either mediation or arbitration. If this happens, you will want to ask for the court costs you had to pay in order to go before the judge to get this ruling. If the breaching party still will not go to arbitration, he can be held in contempt of court and you may be awarded the amount of your claim by default. Make sure that before you go before the judge, if you have to, you send the breaching party a certified letter saying that you are going to take the case to court if he will not agree to mediation or arbitration. That way, you will have proof that it was the breaching party's fault that you had to go to court in the first place.

 

 

_______________________________________________________________________

 

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
LADYLAWYER and 12 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions

Chat Now With A Lawyer
LADYLAWYER
LADYLAWYER
Lawyer
6531 Satisfied Customers
Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts