Ben Jay Cunningham’s Answers

Ben Jay Cunningham

Austin Mediation Attorney.

Contributor Level 8
  1. What happens if a judgement is made against us in mediation and we can't pay it?

    Answered over 5 years ago.

    1. Ben Jay Cunningham
    2. Lu Ann Trevino
    3. James Michael Young
    3 lawyer answers

    Based on the brief facts presented, it sounds as if your lawyer's advice is very appropriate. Typically, mediation is an opportunity to work out a negotiated settlement that, if agreed upon, forms a contract under which the parties agree to end the lawsuit based on the agreement. A mediation of a matter such as this should be completed in one day, if settlement is possible. This one day expense may resolve the matter and end the expenses of on-going litigation. It is important to note that...

    1 person marked this answer as helpful

  2. Does a divorce mediation agreement have a statue of limitations in texas?

    Answered over 3 years ago.

    1. Ben Jay Cunningham
    1 lawyer answer

    There are many issues raised by this question, and there are not enough facts to address the question comprehensively. You need to engage a Houston lawyer to look over this matter for you. If there was a written agreement (which meets the standards for being a contract), the statute of limitations would be four years. It is not clear whether the Judge you went to on the contempt matter made a determination of the validity of the contract and entered a judgment in that regard. I strongly...

  3. What are some of the basic things I should look for in a recording contract, if I am a new artist?

    Answered about 4 years ago.

    1. Ben Jay Cunningham
    2. Pamela Koslyn
    3. Erach Farrokh Screwvala
    3 lawyer answers

    Recording contracts and intellectual property rights are complicated issues and impossible to address in brief responses. You very definitely need to seek legal guidance before entering into any recording or publishing contract. If you can't afford a lawyer, you might seek some pro bono (free) guidance from a non-profit group in Houston. Austin has a Lawyers for the Arts program which has volunteer lawyers who will consult and work with artists on such things. Explore whether Houston has a...

  4. Employment in Texas

    Answered about 4 years ago.

    1. Ben Jay Cunningham
    1 lawyer answer

    Texas is an "at will" employment state, which, absent a employment contract to the contrary, provides the employer with wide discretion in terminating (firing) an employee (although there are exceptions; for example, discrimination). Whether or not you are entitled to any additional pay will be subject to the facts (for example, was there a written contract, or an agreement or representation by the employer that severence would be paid, etc.) and applying the facts to any legal claims you...

  5. What happens now

    Answered about 4 years ago.

    1. Ben Jay Cunningham
    2. Henry Daniel Lively
    2 lawyer answers

    The issue of validity, transfer, and rights, if any, relating to Spanish land grants is an extremely complex matter, especially coupled with probate and inheritance rights. There is only one logical approach to determining and prosecuting any claims you may have: you need to hire an attorney who has broad experience in these matters. There is no simple answer, given the complex legal issues that your query raises. Good luck.

  6. Just settled a injury case through a mediation! About how long will it before I get my settlement back?

    Answered almost 4 years ago.

    1. Marc P. Weingarten
    2. Bryan David Caulfield
    3. William Bennett Eadie
    4. Gary Edwin Haslerud
    5. Ben Jay Cunningham
    6. ···
    6 lawyer answers

    Usually, the mediated settlement agreement will contain provisions that describe when the settlement money will be funded (for example, with a certain number of days after a case has been dismissed, or after all additional paperwork is done). Take a look at your settlement agreement and this might give you a better idea. There is no "standard" amount of time for the disbursement of funds, as each matter may have different time-tables. Obviously, your attorney is the best person to give you...

    3 people marked this answer as helpful

  7. I previously asked a question re an SSDI claim - I got 2 nice replies but think I was not clear re the question.

    Answered over 3 years ago.

    1. Ben Jay Cunningham
    2. Robert Daniel Kelly
    2 lawyer answers

    I don't practice in California, but in Texas there are very good free programs through volunteer legal services that assign competent attorneys experienced in SS claims. I'd suggest you seek out the Santa Monica or L.A. version of non-profits who provide these services free for people who have been denied legitimate SS disability claims. My experience working on these cases pro-bono on behalf of VLS (Volunteer Legal Services) has been that with the proper presentation of the claim the...

    1 lawyer agreed with this answer

  8. How much to court appointed mediators typically cost?

    Answered almost 4 years ago.

    1. Alexandria Broughton Skinner
    2. Arthur D Leritz
    3. Ben Jay Cunningham
    4. Donald Erich Lowrey
    4 lawyer answers

    Mediation fees vary; some expensive, and others not so expensive. If cost is the major concern, you might try to determine if your county has a non-profit/low cost dispute resolution center. If so, it is likely that the court would approve a joint request by you and your current spouse to utilize such services. However, you need to consider the benefits of an experienced family law mediator in your locale: as has been mentioned by previous good answers to your problem, a successful...

    1 lawyer agreed with this answer

  9. Mediation is manditory in our Civil court (Judicial branch). What are the odds the county will settle before or at mediation?

    Answered over 3 years ago.

    1. Ben Jay Cunningham
    2. Pamela Koslyn
    2 lawyer answers

    I have mediated many cases that involve public/government entities. Not every case settles (for a variety of reasons), but many cases do settle in mediation. It's not a matter of odds, it's a matter of the strengths of the case, the strengths of defenses, and the willingness of the parties to resolve the case in a way that they have control over rather than face the uncertainty of a result imposed by the court after trial or summary judgment. A mediation can never hurt, and more often than...

    1 person marked this answer as helpful

  10. Mediator

    Answered almost 5 years ago.

    1. Ben Jay Cunningham
    1 lawyer answer

    As for your question about the Court appointing a mediator: check with the small claims court and ask them their procedure for this. Many small claims courts appoint volunteer mediators. If the case is to be mediated, there must be a mediator presiding. The negotiations can be through the mediator, or (and) at times with all the parties present in the same room with the mediator. The mediator will explain the process he/she uses in connection with your matter. You will need to check...

    1 person marked this answer as helpful