Jump to content

Back from Motion to compel Arb


Recommended Posts

Here is how it went... Judge asked why are we here today. I started by giving time line of receiving dunning letter, sending DV letter with arbitration elected, still filed suit anyway.

I read the Arbitration provision in cc agreement, read FAA Title 9 section 3, told him we are here to compel plaintiff to arbitration. He asked me where I was at in the Arb process. I said we are here today to compel plaintiff to arbitration. Asked me why I hadn't started it, I said that was why we are here to stay this case pending Arb. He wasn't thrilled

Local atty said I denied everything in my answers, so how can i elect arb on an agreement I say i have no contract with. Well, then the judge started asking if I ever had cap1 card. I said i have no knowledge of the alleged debt he is talking about. Looking angered, he again asked, I froze and said yes I have had cap one card,but didn't think this was it because amounts were so different. Then both the judge and atty looked over cc agreement. Atty asked for 15 min recess to look it over. Longest 15 min of my life I think.

So when he came back, he basically said atty had no argument. He gave me 30 days to start arbitration. I need to show him paperwork and receipts. My case is adjourned for 30 days when he will rule on my motion. Still trying to get the sick feeling out of my stomach.

The local atty talked to me afterward. He said I don't want Arbitration.. I loose my right to discovery, it will be expensive and then the offers to repay will be gone.

Link to comment
Share on other sites

And of course, you quoted this information to him...right?? 8-)

Early Attention to Discovery by the Arbitrator

JAMS understands the importance of establishing the ground rules governing an arbitration in the period immediately following the initiation of the arbitration. Therefore, following appointment, JAMS arbitrators promptly study the facts and the issues and become prepared to preside effectively over the early stages of the case in a way that will ultimately lead to an expeditious, cost-effective and fair process.

Depending upon the provisions of the parties agreement, JAMS arbitrations may be governed by the JAMS Comprehensive Arbitration Rules and Procedures or by the arbitration rules of another provider organization. Such rules, for good reason, lack the specificity that one finds, for example, in the Federal Rules of Civil Procedure. That being so, JAMS arbitrators seek to avoid uncertainty and surprise by ensuring that the parties understand at an early stage the basic ground rules for discovery. This early attention to the scope of discovery increases the chance that parties will adopt joint principles of fairness and efficiency before partisan positions arise in concrete discovery disputes.

JAMS arbitrators place the type and breadth of arbitration discovery high on the agenda for the first pre-hearing conference at the start of the case. If at all possible, in-house counsel should attend the pre-hearing conference at which discovery will be discussed.

JAMS arbitrators strive to enhance the chances for limited, efficient discovery by acting at the first pre-hearing conference to set hearing dates and interim deadlines which, the parties are told, will be strictly enforced, and which, in fact, are thereafter strictly enforced.

Where appropriate, JAMS arbitrators explain at the first pre-hearing conference that document requests:

should be limited to documents which are directly relevant to significant issues in the case or to the case's outcome, should be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain, and should not include broad phraseology such as “all documents directly or indirectly related to.”


Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.