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Started arbitration in JAMS but judge denied MTD. What now?


jg2933
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So I recently paid my share of the JAMS fees after the plaintiff paid theirs. In the meantime, my motion to dismiss and compel arbitration was under review. Just found out it was denied (why???). So what happens now? I'm guessing that the plaintiff will want to stop arbitration and go through courts because he doesn't have to pay the rest of the fees, so I'm out $250?

Has anyone had this happen?

My original court date is in March.

What should my next step be?

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Look at your state's arbitration law.

Did you ask for a stay pending arbitration? If so, and that was denied, then your state's arb act, if it was modeled after the Federal Arbitration Act, may allow for an immediate appeal.

Thanks

It was a Motion to dismiss and compel arbitration. I guess it's different than motion to stay? It's just weird it got denied because the plaintiff didn't oppose it and I'm guessing they thought it's get approved if they went ahead and paid the arbitration fee.

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The plaintiff didn't oppose your motion, and it was still denied?

Did they respond to your motion at all? If not, it should have been granted by default.

I would suggest filing another motion, this time asking for a stay pending arbitration.

It sounds like you are in a railroad court, and you should try with all your might to get out of it.

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