Ralph Eugene Roberts Jr.'s Answers

Under Texas mediation laws, can a joint party attend mediation

Thanks for your question. Usually, when a court orders parties to mediation, all parties are required to attend the mediation. If your current wife is subject to the lawsuit, review the mediation order carefully to see if the order requires her attendance. Otherwise, I would suggest that you contact the mediator before the mediation and discuss with the mediator that you would like for your current wife to attend the mediation and see what the mediator says. I agree with Fran that the...

1 person marked this answer as helpful

When a small claims judge makes a ruling, can a litigant go to the courthouse and look at the written ruling?

Court files are generally open and available to the public unless they have been sealed. You can go to the courthouse where the court is located, ask the clerk for the file, and they will let you look at it. You can also make copies, but there is a charge associated for that service.

Where can i find a general denial form? with regards to a civil suit involving real property?

Most counties will have a law library where you can find a form of a general denial. Also, many court will have a form that you can use. Call or go to the court clerk for your court and ask them if they have a form that you can use.

TX family law, child custody, what is an order rescinding mediation mean

Without seeing the particular language of the order, I would assume it means that the judge has entered an order that the parties are no longer required to attend a mediation session.

What can i do about a mediator?

Thank you for your question. The mediator's role is to be a neutral, that is, the mediator doesn't take positions during the mediation and does not act as a fact finder. In Texas, if the mediation session does not result in a settlement of the case, the remaining issues are submitted to the Court for a ruling. I would recommend that you seek legal advice, if you have not done so already, and prepare to present your case to the court. Remember that you can try mediation again, with the same...

1 person marked this answer as helpful

I have to meet with a former employer through mediation. What can I ask for to settle our dispute if I don't want my job back?

I would strongly suggest that you hire an attorney to provide you with advice. Employment law is a complex area of the law and I would always recommend going into an EEOC mediation with someone who is on your side. As far as the remedies available at mediation, one of the advantages of mediation is that the parties can be more creative in arriving at solutions than in court. Typical remedies that are asked for include back pay and front pay. But what about a positive recommendation (or...

1 person marked this answer as helpful

Who owns a graphic design and layout for a publication, magazine owner or the graphic design contractor

I think the answer is, "it depends." Was there a written agreement between the owner and the contractor relating to intellectual property? It may depend if the contractor is an independent contractor or an employee. At this time, there are not enough facts to provide an answer to your question. If there is a written agreement between the owner and the contractor, that document should be reviewed to see if it deals with items such as copyrighted materials and intellectual proprety.

1 person marked this answer as helpful

Can a tenant be evicted for smoking in a building that does not prohibit smoking

Many communities will have something called a "Dispute Resolution Center" or "Community Resolution Center" designed for people in your situation. While I do not practice in Oregon, I did a search and found Community Mediation Services in Eugene, Oregon. The website is: http://www.communitymediationservices.com/ and its phone number is 541-344-5366. To make the mediation efficient, I would encourage you to review the lease agreement that you have with the landlord and to examine Oregon...

1 person marked this answer as helpful

Can a divorce mediation agreement be overturned?

The laws relating to the ability to enforce or revoke consent to a mediated settlement agreement are complicated and depend on the facts of each situation. You should contact your attorney and talk to him/her about this, and whether the confidentiality provision in your state's mediation (or Alternative Dispute Resolution) statute would prevent you from making a contract-based claim to revoke the settlement agreement.

Mediation?

I hate to say that it depends on the law in your state, but it depends. Typically, public policy favors peacefully resolving disputes. There may be language in your first mediated settlement agreement that says its terms may be changed only in writing and must be signed by you and your ex spouse. You will need to carefully review your mediated settlement agreement, the judgment that the court entered, and the law of your state.