NC Court Ordered Arbitration !! HELP...

[EVH5150]

The court selected my case. I did not really know how to respond and they set a date for next week. Citi's attorney never answered a single question or responded to my discovery request. Is it too late to call Citi or Compel Arbitration as stated in the CC contract ? I fear the local yokels state arb's have a racket for awarding for the plaintiff. The fee is only $ 50 per party, so I see why the Attorney would attend. Is their any way to stall ? Citi has never proved anything or even provided me with an incorrect credit card agreement from the wrong year that the inception supposedly started.

I have asked them three times for a signed contract and they obviously stalled long enough to get us to this states unfair arbitration process.

I mean really, it's not binding and I could file a Trial denovo and then a motion to compel arbitration.

[trueq]

Then its mediation.

Go to mediation demand a copy of the contract to justify the charges.

Explain your right to the pre-dispute contractual arbitration is being denied!

Explain that you are contemplating exercising the arbitration clause...if other side stops fraudulently denying access to the contract language!

That will get mediators attention.

If its court ordered BINDING arbitration, you need to file a motion to compel contractual arbitration to escape the court's ADR system.

[EVH5150]

Thank you very much. I was hoping to find a way not to even have to go, but I think it's time to get face to face with these blood suckers.

[admin]

Mediate is much better - not sure if you can convince the courts to do this, rather than arbitration.

However, this may still be arbitration, there are two kinds.

From: http://www.riverside.courts.ca.gov/selfhelp/selfhelp.htm#ALTERNATIVE_DISPUTE_RESOLUTION

Arbitration:

Arbitration is like a trial, but it is less formal. It takes place in an office, not a courtroom. The parties (people with a legal dispute) present their evidence to an “arbitrator.” The arbitrator decides who wins the case and how much they win.

There are two kinds of arbitration. “Binding” arbitration means that the arbitrator’s decision is final. There is no appeal or trial after that decision. “Nonbinding” arbitration means that after the arbitration, either party can request a trial. But if the party who requests the trial gets a worse decision at trial, there may be penalties.

Mediation:

Mediation is nothing like a trial. The parties meet with a mediator in an office. The mediator may meet with the parties separately or together. The mediator listens to all the parties and tries to help them work out a solution that works for everyone. The mediator does not make a decision and does not talk to the judge about the case. If the parties cannot agree on a solution, the case can go to trial.

There are many advantages to Mediation:

1. Mediation saves time: Your dispute may be resolved in less time than it takes to proceed through court;
   
2. Mediation saves money: The number of trips to court are reduced, saving time and money;
   
3. Mediation encourages cooperation: The parties can work together, with the help of the mediator, to resolve their case in a way that makes sense to them;
   
4. Mediation can reduce stress: Mediation is informal, and saves time and money. There are fewer court appearances required and the dispute can be resolved sooner, so you don’t have an unresolved dispute hanging over your head for years;
   
5. Mediation encourages participation: In mediation, the parties have more opportunity to tell their side of the story;
   
6. Mediation can be more satisfying: In mediation, the parties have more control over the outcome of the dispute.
   

[admin]

You might want to look at this link, too. I definitely think you're ordered to arbitration.

http://www.mediation-conflictresolution.com/civil_mediation.html

[EVH5150]

The letter states:

Arbitration

Notice of Case Selection For Arbitration

Take notice that this case has been assigned to arbitration pursuant to G.S. 7A-37.1 and Rules for Court Ordered Arbitration.

The Court automatically assigns to arbitration all civil cases involving claims for monetary relief not exceeding $15,000,

with several classes of cases specifically excepted in the rules, including: domestic cases, class actions, special

proceedings, wills and estates, summary ejectments, and condemnation actions.

The Court selects and maintains a list of qualified arbitrators who are experienced trial attorneys. The Court will appoint

an arbitrator chosen at random from the Court's list unless the parties file a stipulation as to their choice of an arbitrator.

The stipulation must be filed within twenty (20) days of the filing of the last responsive pleading or the docketing of an

appeal from the magistrate's judgment. A copy of the list of eligible arbitrators is available upon request.

All parties in this civil action shall be present at the hearing in person or through counsel. Parties may appear pro se as

permitted by law. Corporations must be represented by an attorney. See Lexis-Nexis v. Travishan Corp., 155 N.C. App.

205, 573 S.E.2d 547 (2002). The parties may agree in writing to rely on stipulations and/or statements rather than live

testimony of witnesses.

The time allocated for the entire hearing is one hour [Rule 3(n)]. Traditional rules of evidence and procedure will not

apply, but shall be considered as a guide toward full and fair development of the facts. The arbitrator will render a

decision within three (3) days after the hearing.

The award is not binding. Any party dissatisfied with the outcome can

reject the award and have a trial de novo. The award rejection and demand for a trial de novo must be filed with the

Court within thirty (30) days after the service of the arbitrator's award. The rejecting party must also pay a fee equivalent

to the arbitrator's compensation ($100). This fee will be returned only if there is a trial in which, in the judge's opinion,

the demanding party's position is improved over the arbitrator's award [Rule 5(].Cases still pending after the 30-day

rejection period in which no demand for trial de novo is filed will have the award of the arbitrator entered by the Court as

its judgment, which is not appealable.

ARBITRATION

Since the award is not binding, why do I have to waste $ 50 and my time just to go after them again ? If I lose, the arbitrator makes $ 100 and I file for a Trial De Novo and file a motion to compel arbitration.

It seems like such a waste. Would it help to express my plan to Citi's attorney ? Maybe they will finally drop the case as they have gotten nowhere with me in the nine months since the complaint was filed.

[admin]

You can try and refuse arbitration - there are plenty of example motions on this site. I don't know if you can try and force mediation, though.

If you lose, they still need to have a separate trial to turn the award into a trial. You may be forced to go through a trial in any case.

Whatever you do, don't ignore this.

[EVH5150]

§ 7A‑37.1. Statewide court‑ordered, nonbinding arbitration in certain civil actions.

(a) The General Assembly finds that court‑ordered, nonbinding arbitration may be a more economical, efficient and satisfactory procedure to resolve certain civil actions than by traditional civil litigation and therefore authorizes court‑ordered nonbinding arbitration as an alternative civil procedure, subject to these provisions.

( The Supreme Court of North Carolina may adopt rules governing this procedure and may supervise its implementation and operation through the Administrative Office of the Courts. These rules shall ensure that no party is deprived of the right to jury trial and that any party dissatisfied with an arbitration award may have trial de novo.

© This procedure may be employed in civil actions where claims do not exceed fifteen thousand dollars ($15,000), except that it shall not be employed in actions in which the sole claim is an action on an account, including appeals from magistrates on such actions.

(c1) In cases referred to nonbinding arbitration as provided in this section, a fee of one hundred dollars ($100.00) shall be assessed per arbitration, to be divided equally among the parties, to cover the cost of providing arbitrators. Fees assessed under this section shall be paid to the clerk of superior court in the county where the case was filed and remitted by the clerk to the State Treasurer.

(d) This procedure may be implemented in a judicial district, in selected counties within a district, or in any court within a district, if the Director of the Administrative Office of the Courts, and the cognizant Senior Resident Superior Court Judge or the Chief District Court Judge of any court selected for this procedure, determine that use of this procedure may assist in the administration of justice toward achieving objectives stated in subsection (a) of this section in a judicial district, county, or court. The Director of the Administrative Office of the Courts, acting upon the recommendation of the cognizant Senior Resident Superior Court Judge or Chief District Court Judge of any court selected for this procedure, may terminate this procedure in any judicial district, county, or court upon a determination that its use has not accomplished objectives stated in subsection (a) of this section.

(e) Arbitrators in this procedure shall have the same immunity as judges from civil liability for their official conduct. (1989, c. 301, s. 1; 2002‑126, s. 14.3(a); 2003‑284, s. 36A.1.)

Under section (d), What could I say to a judge to drop the arbitration.

It's been months since I filed my Discovery Motion and the Attorney has yet to answer a single question since February. They don't even have the right year credit card agreement.