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Virus. I just realized that someone by the name of Olivia…

Hi virus. I just realized...
Hi virus. I just realized that someone by the name of Olivia can is connecting with me however I wanted to speak with you since you've been with me through this whole thing we had the mediation I thought I won the other side came back and reneged on a lot of things and and the lawyers had a conference call with the judge last Thursday I'm so confused can they do this what is the heck is going on and what is the difference between a mediation and an arbitration
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Customer reply replied 25 days ago
Correction... Barrister...sorry not virus
Customer reply replied 25 days ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 25 days ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 7 minutes by:
3/27/2018
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 41,061
Experience: Attorney with 17 years experience
Verified

Hello again,

.

The problem with mediation is that if it isn't "binding mediation"... or "binding arbitration" then when you get to the end and everyone agrees, unless they all sign off on the settlement, then there is nothing formally finalized... So typically a settlement agreement will be drawn up later, with all the parties signing. So it sounds like they never got to the final signing stage here... Kind of the "Don't count your chickens..." kind of thing..

.

With that said, if you can't reach a binding settlement where everyone signs, then your irritating sister would still have the right to pursue whatever she is trying to do here in challenging mother's decisions..

.

And mediation is usually where everyone sits down with a neutral 3rd party and tries to settle things.. Arbitration is more formal, but less formal than an actual trial..

.

.

thanks

Barrister

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Customer reply replied 25 days ago
We all signed an informal agreement..
When actual settlement was typed and distributed they came back and try to change things
Customer reply replied 25 days ago
Is that then considered binding

No, the informal agreement is just that... informal... It has to be reduced to a formal settlement agreement that everyone signs...

.

But you can use the informal agreement as proof of sister's bad faith here with the judge and argue that the final settlement should reflect the exact terms agreed on in the informal...

.

I really wish I could see inside sister's head to figure out what her goal is here and how she thinks this is worth the time and money that is being wasted on this..

.

.

thanks

Barrister

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Customer reply replied 25 days ago
She is extremely jealous of me with the help my mother has given me but in return my life has Holton and I take care of her and they hate me because their adopted daughter is closer to me and then it's just their way of coming after me and he is a dentist and has the money to do this I'm $28,000 into this my mother's close to the same sick sick sick.... They are trying so hard to make me look like I've taken advantage of my mother and yet my mother is very happy and well taken care of by me
Customer reply replied 25 days ago
She has given me some financing but I'm here for her 24/7 365
Customer reply replied 25 days ago
Can this still go to a possible trial

Well, that explains it... I can't understand it, but that explains it..

.

And yes, it could still potentially go to a trial if your attorney can't file to have the entire thing dismissed once mother is deemed legally competent so she can decide to do whatever she wants with her money..

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Customer reply replied 25 days ago
This is so frustrating and confusing to me I thought I was ahead of the game I thought when the in formal settlement was signed I was pretty much in the clear my mother's attorney did tell me that they signed it they agreed and that he was going to tell the judge to make the decision does that sound like it's a good thing

I think that it looks clear to me like they are acting in bad faith and the judge should hold them to the agreement that they entered into..

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 41,061
Experience: Attorney with 17 years experience
Verified
Barrister and 87 other Family Law Specialists are ready to help you
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Customer reply replied 25 days ago
It sounds like that's what my mother's attorney is basically saying so hopefully it'll go that way so till next time thanks again and good night

I think that you are close to the end here and everyone knows it... So fingers crossed for you...

.

.

All the best..

Barrister

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Customer reply replied 25 days ago
34;any dispute arising under this agreement shall be referred to mediation and binding arbitration by the parties"This is one of the points in the "the pending litigation is settled on the following terms"

That means that if there is a dispute about the settlement.... which hasn't been finalized yet..

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Customer reply replied 25 days ago
Even after all parties involved signed the informal settlement? So even I can dispute anything on there it was like what was the point of spending 8 hours so even I can dispute anything on there it was like what was the point of spending 8 hours having a mediation if you're going to agree sign the paper and then turn around and not agree... And I have to ask do you ever go home ��

That would be my argument... they signed agreeing to go to mediation and then binding arbitration if there was a problem with the settlement. And if you were changing things, you know they would be screaming bloody murder..

.

And I am at home... I work out of my home office when I am not doing other legal work or with clients.... None of the experts are employees of JA, we all work from our private respective offices around the US.. JA is based in The Presidio in CA.

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Customer reply replied 24 days ago
Wow you're a busy man ....question I got a letter today from my sister's attorney stating that she is respectfully ***** ***** an adjournment cuz we are in a settlement is that pretty a okay???? And what exactly does adjournment mean in these situations

Yes, that is fine.. an adjournment is just a stay in any formal proceedings with the anticipation that a settlement will be reached out of court..

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Customer reply replied 24 days ago
Amen. Can't be soon enough this has been going on for a year.... I'm not done with you yet so I'll keep you posted but thanks again !
Customer reply replied 11 days ago
Sent: Monday, April 09, 2018 7:33 PM
To: 'Escala, Gerald C.' <*****@******.***>
Cc: Linda Puccio <*****@******.***>; Ari Bernstein <*****@******.***>
Subject: Hatrak v. PeerJudge Escala, you will recall that the above matter was mediated before you on January 30, 2018., and the parties agreed to a settlement in the matter which was memorialized in a written agreement which was signed by all parties and attached hereto . Included in that agreement was a provision that you would decide any disputes regarding the language of a more formal settlement agreement, by way of binding arbitration. As you have been advised , it is our position that the Plaintiff has refused to execute a settlement agreement which memorializes in more detail the terms agreed upon at the mediation and has attempted to introduce new terms which were previously not agreed to at the mediation. Despite counsels’ good faith efforts since our telephone conversation with you, we have been unable to resolve these issues. My client who is 93 years old and left the mediation over 2 months ago with the solace that this dispute was resolved has been forced to endure the anxiety of having this matter remain unresolved. There is not a day that goes by that she does not contact me to find out if this matter is resolved. It is extremely sad and unfortunate that she has to spend her days worrying about this matter. Therefore, it is imperative that you immediately schedule this matter and reach a final determination as to the disputed terms. You have already been presented with the terms in dispute and were present when the matter was settled. Therefore, it would be greatly appreciated if we can bring an immediate conclusion to this matter if not for anything other than giving my client some piece of mind. Thank you for your consideration, RespectfullyThis may be a duplicate this was sent to the judge at mediation just want to know your opinion this was done last night
Customer reply replied 11 days ago
Thanks from Denise

I think that very eloquently an concisely explains the frustration with the situation and very politely requests that they put a final nail in this coffin to end the matter...

.

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Customer reply replied 11 days ago
Great.... I think you mentioned at one point something about mediation vs arbitration but in this letter it says it was a binding arbitration... Am I correct to believe that this was a good way of having this setup
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Barrister
Barrister
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Category: Family Law
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