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Allan E Richardson

Allan Richardson’s Answers

825 total


  • What evidence is allowable in mediation?

    I am representing myself as the petitioner in an upcoming modification of custody case. I am wondering what exactly I'm allowed to present to the mediator? It is my understand that they will review the motion and any supplemental declarations. I h...

    Allan’s Answer

    You can present any evidence to the mediator. If your babysitters have relevant information, they could provide a statement for the mediator or speak with the mediator or possibly provide their information at a mediation. However if the matter is not resolved through mediation, the babysitters would have to testify in court. Parties have the right to cross examination and a notarized statement can not be cross examined.

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  • If the other party violates a mediation agreement, is the agreement terminated?

    I have a mediation agreement with someone, agreeing not to contact each other. The person broke the mediation agreement by excessively contacting me. I do not want any monetary compensation for breach of contract and I already have a restraining o...

    Allan’s Answer

    An attorney would need to review the agreement to answer your question. However, usually violation of an agreement does not negate the agreement. It simply gives the other party to the agreement legal recourse. If the agreement was incorporated into a court order, then the breaching party could be held in contempt of court. If the agreement was not, then the non-breaching party may have civil contractual remedies. You should not violate the agreement simply because you believe that the opposing party has done so.

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  • If I lost custody of my child and have no lawyer how can I submit legal docs to our mediator and/or judge?

    The father was awarded full custody of our daughter while I was briefly incarcerated and we are now going thru mediation for the past year and I still only have supervised visitation once a week even though I have completed everything ordered by t...

    Allan’s Answer

    Custody cases can be very complex. Particularly in cases where a parent has been granted supervised visitation. You should have the assistance of counsel. If you have a low income, you could check with your local Legal Services organization to determine if you qualify for their services. Many such agencies handle family law matters such as custody and visitation.

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  • What are other options when ex refuses to settle on alimony, has financial control and mediation hasn't worked.

    Ex filed in January after 8 months of gruesome divorce journey of hell. Agreement was drafted by him and his lawyer, which included $1300 in child support but refuses alimony. They are suggesting we go to mediation which we have twice before and ...

    Allan’s Answer

    The other option between mediation and trial is collaborative divorce. This is where each party is represented by an attorney and the attorneys work to reach an educated settlement of the issues. This differs from mediation in that in mediation usually one mediator is involved and that person does not represent the interests of either party.

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  • Do I have to agree to anything in mediation?

    I am currently going through a divorce and my husband is requesting joint physical custody of our 9mth old in lieu of paying child support.I don't agree with this idea, and I know as long as child support is on the table my husband will fight for ...

    Allan’s Answer

    You do not have to agree to anything in mediation. It is juts an opportunity to come to agreement on all or partial issues. With joint physical custody, usually there is a fairly equal sharing of the responsibilities for childcare. If you are actually providing more of the childcare, then joint custody may not be realistic for your husband. At a minimum, you should consult with an experienced attorney to find out what your legal rights and obligations are before you mediate to place you in the best negotiating position.

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  • If I am on leave from work am I responsible for communicating with anyone from my company?

    Employment Law. I went on leave prior to an HR investigation, now on my first day of leave I was contacted by the company's Legal and HR departments.

    Allan’s Answer

    If the company’s legal department is involved, the first thing that you should do is consult with an employment law attorney to assist you with the specific facts of your case. If you have an attorney, then the attorney will respond to the legal department on your behalf.

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  • What is discussed in mediation

    I want to use a mediator, other person does not. If I'm suspected of being unfaithful does that get brought up in mediation?

    Allan’s Answer

    If you are talking about a divorce and there is an issue regarding grounds for the divorce, it is possible that unfaithfulness could be brought up. It is unlikely that unfaithfulness would be a focal point of a mediation as it would interfere with the ability to reach constructive agreement on divorce settlement. You should consult with a matrimonial attorney who can explore the specific aspects of your case with you, and explain the various grounds for a divorce.

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  • SHOULD I HAVE LEGAL REPRESENTATION FOR A MEDIATION IN REGARDS TO A REQUEST OF PROPERTY FOR THE ESTATE OF A DECEASED LOVED ONE

    WAS INFORMED THAT MY BOYFRIENDS DIVORCE WAS NOT FINAL, SHARED A HOME TOGETHER, ESTRANGED WIFE IS REQUESTING A TRANSFER OF ALL PROPERTY THAT BELONGED TO HIM AND THAT ALL MAIL SHOULD BE FORWARDED TO HER HOME MAILING ADDRESS

    Allan’s Answer

    I am sorry to hear about your loss. Presumably there may be an issue with will provisions here and the spouse’s statutory share of your boyfriend’s estate. If the spouse is represented at the mediation, you should be represented. In any case, it is always helpful to consult with an attorney to determine what your legal rights and obligations are.

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  • What is mediation like?

    My spouse and I are headed to mediation in the next few weeks. What is that like? Will the mediator help suggest options to help us resolve our points of disagreement? Or, is it just like at a car dealer where the salesman just takes offers bac...

    Allan’s Answer

    The style of mediation can depend on the mediator. Often the mediator will guide you and the other party towards determining a solution to your issues because the best solutions are ones that the parties determine. If the mediator suggests an option, that may or may not work for you. However, if you would like suggestions you can let your mediator know that.

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  • Am I entitled under rent control to get sec deposit back ? HELP! if mediation agreement was settled ?

    I rented frm slumlord rats, roaches etc, after months Of no resonse fm owner I repaired & detucted, they gave me 3day notice. They wernt registered w/ rent ordinance at time, month later they paid fees,that day im served u.d , We go to court ,sett...

    Allan’s Answer

    If the security deposit was not a part of the mediated settlement, then absent any damage or unpaid valid rent then the landlord will be required to return your security deposit.

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