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Response to answer (which included arbitration election)


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Hi all,

I could use some advice here. You'll see in my previous postings the basis of the litigation issue.

I rcvd a response to my answer form the plaintiff's attorney titled "Plaintiff's response to Defendant's Motion to Compel Arbitation"

(I had requested arbitration by Jams - which is NOT the forum identified in the 'agreement" they included in their summons, but is however on which is on the current links to agreements.

They state:

1. Plaintiff agrees that the applicable agreement allows that either Defendant or Plaintiff may elect (their emphasis) to resolve a claim or dispute by arbitration utilizing one of an enumered list of arbitration forums.

2. However, Plaintiff has properly elected to pursue litigation, as was Plaintiff's right under the language of the applicable agreement between the parties.

3. Only after Plaintiff initiated litigation against Defendant, with the Plaintiff incurring the expense of court costs and attorney's fees. did Defendant elect Arbitration.

4. Additionally, Defendant claims to elect "JAMS" as the arbitration forum, but this is not a permissible forum under the terms of the cardmember agreement. Only "AAA" and "NAF" are permissible forums under the terms of the agreement.

5. If Defendant elects to use an arbitration forum to resolve the claim for which Plaintiff has initiated litigation, Defendant should bear the responsibility of initiating the Arbitration, effecting proper services, and commencing the arbitration case in accordance with the rules of the chosen arbitration forum within a limited period of time so as not to delay conclusion of this case and prejudice the Plaintiff.

6. Should the Court stay litigation and allow the Arbitration pursuant to Fla STat. &682.03, Plaintiff moves the court to Order Defendant to provide the Court, within 30 days of the Order, with proof that Defendants have, in accordance with the language of the applicable cardmember agreement and the applicable rules of the chose Arbitration Forum: (1) filed an Arbitration Claim with one of the enumerated arbitration forums permissible under the agreement; (2) effected proper service; and (3) commenced arbitration based on the same dispute that is the subject of this case.

7. If Defendant fails to provide proof of such within 30 days of this Court's Order, Plaintiff moves this court to automatically lift any Stay ordered by this Court so litigation may proceed in this case.

8. Should Defendant file, serve and commence arbitration in compliance with the Court's Order, the applicable cardmember agreement, and the rules of an acceptable arbitration forum, Plaintiff moves the Court to stay litigation until conclusion of the arbitration action in accordance with the FAA.

Wherefore Plaintiff moves court to order defendant to initiate arbitration for the claim which forms the subject matter of this case within 30 days, or alternatively, to deny Defendant's motion.

Ok - so... #1 - noone ever even TOLD me that arbitration was an option, until I did my own research. #2, from these boards, I am not surprised that they are denying JAMS as a forum option, despite the fact that it is online as a current document.

Is it not their responsibility to initiate arbitration once I've elected (isn't it interesting how they emphasized "May elect").

How can I Continue with my JAMS forum and have THEM initiate arbitration - or does it even matter?

And how should this be filed - under what type of motion or heading? I'm in FLORIDA by the way - which does sometimes make a difference.

Help please! :?

This has been recorded, but as far as I can tell, not yet before a judge for determination. I would think time is of the essence!

Thanks for any and all input!

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