Legal Question in Civil Litigation in California
arbitral award and compromise agreement
If a compromise agreement was reaached and signed by both parties, but the arbitral award was signed by lawyers and not the parties involved, does the arbitral award hold in california law or can we dispute after it has been awarded? i just found out about 6 months ago that this was the case in a $14 m property which was foreclosed in 2002. Money owed was 1.7M. I am looking for a lawyer who will be willing to take the case on a cintingency basis as I do nothave any funds to pay for this law suit as have paid all funds to previous lawyer who fooled us. thank you
2 Answers from Attorneys
Re: arbitral award and compromise agreement
That question is a little confusing. I am assuming that you are referring to an arbitration award. If there was an arbitration, then you may have agreed to the arbitration before it took place, through a contract or a stipulation. A party's signature is normally required to commence arbitration, but there are some exceptions in employment situations.
An arbitration award can become a judgment, as if a judgment had been awarded in an action through what is known as a petition to confirm an arbitration award. This will then allow you or the other party to collect on the arbitration award.
It is not clear from your question whether the award was against you or in your favor. If the arbitration award was against you, an attorney would not take that case on a contingency, because you would be defending the matter.
You may want to redraft and repost your question to clarify that, because the way it is currently worded, may be frightening some attorneys away.
Very truly yours,
Re: arbitral award and compromise agreement
I would need more information to answer your question. Was there an arbitration award made in your favor? In which state? Was there a settlement agreement providing payment of money to you? Feel free to e-mail me with this info. and maybe I can discuss this with you further.