Lawrence Howard Kolin's Answers

Hi I have a arbitration case

Depending on your state law, the grounds for appeal of an arbitration award are likely very few, absent fraud or if the arbitrator disregarded material evidence or misapprehended the law in a departure from established principles. The chance that the decision may be changed is certainly small and would be vacated by an appellate court only under very limited circumstances.

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Can I record my phone conversations with daughters?

Consent is usually necessary in Florida.

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Has Florida DCF violated my rights ?

Get counsel ASAP.

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When is generally the deadline to request arbitration instead of trial in front of a jury?

Arbitration is generally governed by contract and the enforceability of such contract language is judicially determined, as well as court deadlines. By statute in Florida, two or more parties may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or they may include in a written contract a provision for the settlement by arbitration of any controversy thereafter arising between them relating to such contract or the failure or refusal to...

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Mediation -Scheduling

Yes, the scheduling is usually flexible as long as it meets the court's deadline.

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When Are Second Requests for Interrogatories and Admissions Permitted in a Civil Action?

Get an attorney to represent you. Discovery in Florida is governed by the Rules of Civil Procedure and requests for leave to ask for additional items can be made to the court.

My friend is legally indigent and is being sued. Plaintiff's attorney demands he pay for mediation or threatens contempt charge.

Some county bar associations and legal aid organizations have free citizens dispute services that may solve this issue.

If a non-party is served with a subpoena, and he files a motion to quash prior to the deposition date, does he have to show up?

It appears this has been well answered and the circumstances have already proven consistent with that explained. I will say that my experience has been the same in that an interposed motion by a non-party for protective order usually alleviates the possibility of contempt for non-appearance of uncoordinated depositions which is uncommon in civil cases.

What happens if an ex-spouse does not appear for a court appointed mediation for custody?

Courts usually frown upon parties who do not appear for an ordered mediation without legitimate grounds and the appointed mediator will likely report the parties' appearances or lack thereof.

Does Fl law allow dentists who have professional malpractice insurance "right to consent" or veto settlements in mediation?

The parties' right to self-determination is paramount. If both parties attended in good faith with full settlement authority, such an impasse is permissible, though mediators should generally try to prevent such an early termination. As for consent regarding settlement by the insurer, that depends on the contract terms.