purplebb Posted April 2, 2012 Report Share Posted April 2, 2012 The opposing lawyer sent me his choices for an arbitrator I researched and agreed to one of the two they circled, they then called me and told me that they meant to cross the one out I choose instead of circling it and I couldn't have him. I didn't have another choice prepared because I figured if I accepted that would be the end of it so I told her no I didn't have another choice. She said ok well then I will tell the courts we don't agree and hung up on me.My question is how can I be required to have mandatory arbitration if I never signed anything? It's an implied contract for medical services they are suing me for. Link to comment Share on other sites More sharing options...
BV80 Posted April 2, 2012 Report Share Posted April 2, 2012 The opposing lawyer sent me his choices for an arbitrator I researched and agreed to one of the two they circled, they then called me and told me that they meant to cross the one out I choose instead of circling it and I couldn't have him. I didn't have another choice prepared because I figured if I accepted that would be the end of it so I told her no I didn't have another choice. She said ok well then I will tell the courts we don't agree and hung up on me.My question is how can I be required to have mandatory arbitration if I never signed anything? It's an implied contract for medical services they are suing me for.Does your court have mandatory ADR (alternative dispute resolution). If so, you don't have to sign anything. In my state, mandatory ADR is not the same as arbitration in a contract. It's more like a mediation hearing where the parties simply try to resolve the case outside of court.Check your court rules. Link to comment Share on other sites More sharing options...
usagi555 Posted April 2, 2012 Report Share Posted April 2, 2012 Oregon does have mandatory arbitration IIRC. How ADR goes depends on the state. If you wind up in ADR in my state, it is basically mini-court. A few of the rules are relaxed, but for the most part, the rules of civil procedure are in full force. There are a few posters from OR who will be able to tell you more about mandatory arb there. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted April 3, 2012 Report Share Posted April 3, 2012 The opposing lawyer sent me his choices for an arbitrator I researched and agreed to one of the two they circled, they then called me and told me that they meant to cross the one out I choose instead of circling it and I couldn't have him.Oh really, because they said so? You tell them to shove their "good faith mistake" and if they don't know the difference between a circle and a cross, the questions get a lot harder from this point forward. I'd blow this issue up. There would be hearings and the judge would have to rule this was just a "mistake." So let me guess Mr./Ms. Atty. If we were to have a jury trial and I wanted to use a peremptory challenge for a juror, which you also wanted to use a peremptory on, all the sudden it would just be a mistake and you did not really want a peremptory on the juror. I just needed to go ahead and use my peremptory challenge and you save your challenge? Link to comment Share on other sites More sharing options...
purplebb Posted April 3, 2012 Author Report Share Posted April 3, 2012 Oh really, because they said so? You tell them to shove their "good faith mistake" and if they don't know the difference between a circle and a cross, the questions get a lot harder from this point forward. I'd blow this issue up. There would be hearings and the judge would have to rule this was just a "mistake." So let me guess Mr./Ms. Atty. If we were to have a jury trial and I wanted to use a peremptory challenge for a juror, which you also wanted to use a peremptory on, all the sudden it would just be a mistake and you did not really want a peremptory on the juror. I just needed to go ahead and use my peremptory challenge and you save your challenge?When and how do I bring up this issue? I called and left a message about it with the court. The papers I recieved have nothing I can send in, it's all supposed to be sent in from the plaintiff. Should I wait for them to file the paper saying we couldn't agree? Would that leave more evidence? I have a witness to my voicemail that I left saying I would agree to this arbitrator and I have the letter they sent me with arb's name circled. Tomorrow is the deadline for them to respond to the court about it. I am going to go down there tomorrow to try and get a fee waiver from the judge. Should I file anything else? Link to comment Share on other sites More sharing options...
Coltfan1972 Posted April 3, 2012 Report Share Posted April 3, 2012 When and how do I bring up this issue?I'm not sure, would depend on the rules of the court and how arbitration works. I honestly could only guess you would file a motion. I called and left a message about it with the court. That is the way not to go about it, I do know that. The court is there to decide disputes not to be on one side or the other. Plus you never call the court except on something very minor, like what time a hearing is, did you get my motion, are we still scheduled for arguments and things like that. Having contact with the court on an issue that is in material to the case, and this would fall into that category, is ex-parte communication and frowned heavily upon. The papers I recieved have nothing I can send in, it's all supposed to be sent in from the plaintiff. Should I wait for them to file the paper saying we couldn't agree? Would that leave more evidence? I have a witness to my voicemail that I left saying I would agree to this arbitrator and I have the letter they sent me with arb's name circled. Tomorrow is the deadline for them to respond to the court about it. I am going to go down there tomorrow to try and get a fee waiver from the judge. Should I file anything else? Link to comment Share on other sites More sharing options...
BV80 Posted April 3, 2012 Report Share Posted April 3, 2012 Perhaps this will answer some questions for you:Mandatory Arbitration Link to comment Share on other sites More sharing options...
legaleagle Posted April 3, 2012 Report Share Posted April 3, 2012 Don't you just love it when they claim mistake? I'm waiting for a certain somebody to use this one to explain all the idiotic discovery responses they made, most of which should make them come out on the short end. "Oh, we really didn't mean to say that. I know it was over a year ago and we never amended our response as required by the rules, but we'd never lie and we want this changed so we can win despite our obvious stupidity." Link to comment Share on other sites More sharing options...
purplebb Posted April 3, 2012 Author Report Share Posted April 3, 2012 So i went to the court today and brought the paper, I told her there was no place for me to sign or agree to an arb they chose. She told me that I could sign and date the bottom of that stating that I agree to which arb. So I did and she filed it. So I guess that takes care of it, she will send it to the cooridinator and they will make a decision. So hopefully that will make it so it's not an ex-parte contact since I filed it and they have access to it. And I filed something before they did. Link to comment Share on other sites More sharing options...
purplebb Posted April 4, 2012 Author Report Share Posted April 4, 2012 Why is it that criminals get free court appointed attorney's?? While waiting in the courthouse a court appointed attorney and a criminal sat talking about all his crimes, he was pissed about some crime he said he didn't commit and was trying to fight it and go to court but had a bunch of other simular crimes on his record. He then told the attorney he was out on parole the attorney asked what he was on parole for and he said oh this other thing but I pled guilty just so I could come deal with this and fight this charge. Huh? Do those attorney's go come at night and laugh about these things? I don't know how they can stand to listen to so much b.s. day in and day out.Boggles my mind. Link to comment Share on other sites More sharing options...
usagi555 Posted April 4, 2012 Report Share Posted April 4, 2012 Why is it that criminals get free court appointed attorney's?? While waiting in the courthouse a court appointed attorney and a criminal sat talking about all his crimes, he was pissed about some crime he said he didn't commit and was trying to fight it and go to court but had a bunch of other simular crimes on his record. He then told the attorney he was out on parole the attorney asked what he was on parole for and he said oh this other thing but I pled guilty just so I could come deal with this and fight this charge. Huh? Do those attorney's go come at night and laugh about these things? I don't know how they can stand to listen to so much b.s. day in and day out.Boggles my mind.You typically can't be thrown in jail in civil court. It's a flaw in our system, but one with no real practical fix that anybody has thought of. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 4, 2012 Report Share Posted April 4, 2012 Why is it that criminals get free court appointed attorney's?? because they can lose life and liberty etc etc Link to comment Share on other sites More sharing options...
purplebb Posted April 7, 2012 Author Report Share Posted April 7, 2012 Do I need to send a copy of the paper I filed with the court stipulating to the arbitrator to the opposing attorney? It was a paper they already send me I just signed it and filed it.Today I recieved a copy of a letter stating that on march 23 plaintiff send defendant notice to stipulate to arbitration. Defendant would not stipulate to any arbitrator besides (the one I chose, their choice also). Plaintiff will not stipulate to (name). Please se attached letter dated march 23rd. Which is the letter they sent me attached to these choices. I showed the court that paper but she didn't copy that one just the one they indicated their choices and conveinently the plantiff did not include the paper they circled their choices on with this letter.They also sent me a copy of two checks they sent to the court for the court dates for the settlement conference and the jury trial. Not a copy for the arbitration tho. Is that normal for them to do? Or is this a scare tactic? Link to comment Share on other sites More sharing options...
Coltfan1972 Posted April 7, 2012 Report Share Posted April 7, 2012 Why is it that criminals get free court appointed attorney's?Because you can lose some money in a civil case and you can lose your life or be thrown in prision for life or many years.Also, if you can't pay a civil judgment, there is not really a lot anybody can do to you. If you are judgement proof, you just don't pay. If you get convicted in criminal court, you go to prision on the next bus out of time. In other words you won't be judgement proof from a criminal case that goes against you. As to your other question. I don't see it as a scare tactic. I just see it as the atty for the other side explaining what is going on and putting a spin on it in their favor. It's basically the same thing you do when you communicate with the court. You make everything appear favorable to you, while "just stating the fact." Link to comment Share on other sites More sharing options...
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