Arbitration and Mediation
What is an Unconscionable Contract?
i signed an arbitration agreement with divorce attorneys that i am malpracticing but not about the fees, other catastrophic things. i did not lose, just became homeless, and other things since they would not enforce court ordered temp or perm support for four years and my spouse after the divorce of course hid everything thanks to them. after 25 years of marriage i got not one penny while i had the attorneys to help me. i believe the agreemebnt is unconscionable, also they gave me my retaianer back because of my situation that atty took six months to finish closing arguments and other things. i filed a case in civil court and then remembered the arbitration agreement i signed which also states that i aagree not to oppose the compel of arbitration. i am in pro per and have lost everything. they did not ask spouse to pay atty fees in the end. i have nothing and also 200,000 of atty fees. its quite a mess, i must proceed and think they have robbed me of my right to the pursuit of happiness as well. my question is how much would you charge me to draft a document opposing this, which i will be filing along with my civil case. and can you tell me anything else, in case you dont draft. thanks
How Can I Have Binding Arbitration Set Aside?
I am suing my divorce attorneys. I signed an agreement with the retainer stating that I would only do arbitration binding. Since this was a catastrophic, multi million dollar divorce which left me in the street since it was a six year divorce with only six court appearances (my husband controlled all finances) this is gross negligence, and I do not want to do binding arbitration. I have filed in pro per in a civil malpractice suit against them. They will sign a motion to compel me to arbitrate. Is there a chance I can still try for the court system instead, because I can get a fee waiver in the court systems, and have no money for arbitration? Question to my husband filed bk and my reg atty fees must go to his estate, can malpractice attorney fees since it is part of the divorce also go to his bk? The first question I asked is the most important. About the first question, if i go in front of the judge to ask for jury and not arbitration what are the positive things, but what could possible happen, sanction? Thank you. I am also looking for an attorney to help me on contingency in this multi million dollar fiasco.
Arbitration of real-estate transaction.
Entered into contract to purchase vacant lot from Wachovia bank for $10,000. Contract calls for binding arbitration. Bank now refuses to sell lot to us since it costs bank approx $18,000. to clear title and close escrow. American Arbitration Association says we need to petition court for appointment of arbitrator, since no one was specifically named as arbitrator. What form do I use?