JOHN PRESTON1060 CLARENDON CROAKLAND, CALIFORNIA510-763-9131#87237JOHNPRESTONMEDIATION@GMAIL.COM IN RE ARBITRATION R.N. AND RELATED PARTIES,Petitioner,vs.R.S.,Respondent. Case No.: 2012  NS-1 AWARD OF ARBITRATOR This matter came on for regularly scheduled hearing on April 8, 9, 10, and 22, 2013 before the arbitrator, John S. Preston.  The arbitrator makes the following findings of fact. I  FINDINGS OF FACT (A)  THE […]

Real estate is a volatile business.  Nothing in it is fixed in any true sense: Property values rise and fall, interest rates rise and fall, neighborhoods shift and evolve, and ideal home sizes and configurations change.  In such a changeable environment, disputes can simply be more chaos on top of existing chaos – especially when […]

When clients are faced with a demand for attorney’s fees, they might choose to arbitrate the fee dispute aspect of the case.  In many cases, clients think that it is in their best interests to argue against the fee in arbitration.  When a client is especially unhappy with an outcome with regard to fees, and […]

A lot of people might think of mediation as the most common form of alternative dispute resolution, but arbitration is very popular, especially with employers.  Others might be aware of arbitration, but still favor the fact that litigation allows for the right to appeal a decision.  Even though this is true, arbitration might offer you […]

Whenever money is involved in a particular transaction, there is always a risk of dispute.  Money may not buy happiness, but it is the engine that makes the modern world spin and people are very sensitive to any perceived unfairness or chicanery involving their money.  When it comes to fees paid to or billed by […]

When buying and selling property, most people assume that once you sign a contract to buy or sell, it’s more or less a done deal.  Unfortunately as too many people already know, many real estate deals that seemed perfectly rock-solid can go sour, often unexpectedly and often causing real harm to one of the parties. […]

It’s a general piece of common wisdom that decisions rendered by a legally-empowered arbitrator are absolute and absolutely binding.  The entire point of a binding arbitration clause, after all, is that it is binding.  If the decisions of arbitrators were easily overturned in the courts, it would render the entire process moot. In general, the […]