miker735 Posted May 7, 2013 Report Share Posted May 7, 2013 I need some help with this and haven't seen this mentioned on any posts I could find. I have a telephone conference scheduled for next week and the arbitrator is requesting that all parties try to work out our differences beforehand. She is asking us to submit a progress report no later than the day before the conference to detail what we have worked out. To this date I have heard nothing from the other side and I have not contacted them. Should I be contacting the opposing side to try to negotiate a settlement? This is Citi remember.The email states that prior to the conference all parties shall confer by phone in a good faith effort to reach agreement on as many items as possible. Pursuant to that happening we should email the arbitrator and case manager the agreements reached and respective positions on matters as to which we were unable to agree.This references a 10 point checklist which includes items such as the arbitrability of the claims, clarity of stated issues, where and when the hearing should be held , Rule 13 document exchanges, number of witnesses and any unknown matter. I'm just not sure what to expect at this conference and would appreciate any help. Thanks. Link to comment Share on other sites More sharing options...
Flyerfan Posted May 7, 2013 Report Share Posted May 7, 2013 The conference shouldn't be a big deal. You should attempt to contact the plaintiff to at least discuss. Any effort on your part will make you look good to the arbitrator. Send a meet & confer letter at least. When they ignore it you can say, "I tried and they ignored me". Link to comment Share on other sites More sharing options...
miker735 Posted May 7, 2013 Author Report Share Posted May 7, 2013 Thank you for your response. Should this be done by email? Time is obviously of the essence and theres just no enough time for snail mail. Link to comment Share on other sites More sharing options...
Flyerfan Posted May 7, 2013 Report Share Posted May 7, 2013 That's fine. Anything where you can show the arbitrator a record of you trying and them not trying works in your favor. Link to comment Share on other sites More sharing options...
admin Posted May 7, 2013 Report Share Posted May 7, 2013 Can you FedEx them something? Link to comment Share on other sites More sharing options...
miker735 Posted May 7, 2013 Author Report Share Posted May 7, 2013 Can you FedEx them something? I can actually hand deliver it as the office is within a couple of miles of my house. That's probably not done too much I would imagine. Link to comment Share on other sites More sharing options...
admin Posted May 7, 2013 Report Share Posted May 7, 2013 I can actually hand deliver it as the office is within a couple of miles of my house. That's probably not done too much I would imagine. That would certainly show a good faith effort. If you do that, make sure you have someone sign for the receipt of the materials. Link to comment Share on other sites More sharing options...
ArtVandelay Posted May 7, 2013 Report Share Posted May 7, 2013 I can actually hand deliver it as the office is within a couple of miles of my house. That's probably not done too much I would imagine. Never deliver anything in person concerning a legal matter. If they are dishonest it may be your word against their word. With a week left I would send it CMRR through the USPS. It should only take a day or two at most. You can also have someone else deliver it for you. Just make sure whoever receives it signs for it. Offer them the opportunity to call you and record it if its legal in your state. It will work in your favor if you make the effort and they ignore it, and that is a huge possibility. Link to comment Share on other sites More sharing options...
Anon Amos Posted May 7, 2013 Report Share Posted May 7, 2013 [The email states that prior to the conference all parties shall confer by phone in a good faith effort to reach agreement on as many items as possible. Why not just call and ask to speak to the LAWYER only? He/she probably won't speak to you anyway, and if he does just go over the 10 point check list like they told you to do. You don't HAVE to reach an agreement, only attempt to. You may be able to get it in their head that you are not worth pursuing. Link to comment Share on other sites More sharing options...
howucan2 Posted May 7, 2013 Report Share Posted May 7, 2013 When I wanted to communicate in JAMS I converted my emails to PDF format . Make sure all your legal documents are in PDF format to ensure no changes occur by opponent. (yes, they do change things !) I also fax and send by mail to make sure no one lies about not receiving the documents. relax, this no big deal, the arbitrator wants some sort of workout deal prior to the proceedings. Just show some effort. Link to comment Share on other sites More sharing options...
miker735 Posted May 7, 2013 Author Report Share Posted May 7, 2013 Well at this point with time limited I am going to send this via email to all parties and it will be in PDF as an attachment. I'm sure this will be sufficient to prove that I'm trying like you've said. I'll try to keep things updated here as they transpire. Thanks for all your replies! Link to comment Share on other sites More sharing options...
howucan2 Posted May 7, 2013 Report Share Posted May 7, 2013 Also Fax to all parties. (I always use two methods to ensure receipt) JAMS accepts faxed items as well. Link to comment Share on other sites More sharing options...
Huey Pilot Posted May 9, 2013 Report Share Posted May 9, 2013 Just call them up and ask if they are ready to dismiss with prejudice and forgo the expense of arbitration. When they say no then you could end with a conclusions that parties were unable to resolve the issues via teleconference. Document it with times, dates, and persons talked to. Send a copy to the Plaintiff and a copy to the arbitrator. You have now complied. Just end the call quickly and don't talk or agree to settlement. HP Link to comment Share on other sites More sharing options...
Flyerfan Posted May 10, 2013 Report Share Posted May 10, 2013 Never deliver anything in person concerning a legal matter. If they are dishonest it may be your word against their word. With a week left I would send it CMRR through the USPS. It should only take a day or two at most. You can also have someone else deliver it for you. Just make sure whoever receives it signs for it. Offer them the opportunity to call you and record it if its legal in your state. It will work in your favor if you make the effort and they ignore it, and that is a huge possibility. I hand delivered everything to the attorney. Everything. Always make them stamp it with the date and sign it. Proof of delivery. BAM! Always serious and always professional. Never personal. Link to comment Share on other sites More sharing options...
Anon Amos Posted May 10, 2013 Report Share Posted May 10, 2013 I hand delivered everything to the attorney. Everything. Always make them stamp it with the date and sign it. Proof of delivery. BAM! Always serious and always professional. Never personal.Good Idea, it does not work for us here in Cali however (for others who may be reading). Link to comment Share on other sites More sharing options...
ArtVandelay Posted May 10, 2013 Report Share Posted May 10, 2013 Good Idea, it does not work for us here in Cali however (for others who may be reading). Same here in Tennessee. It may not matter at this stage with the OP in arbitration, but it can be a huge mistake when dealing with some legal documents. Some people are even so cautious they have a witness to verify when they send documents through the USPS. Link to comment Share on other sites More sharing options...
Flyerfan Posted May 10, 2013 Report Share Posted May 10, 2013 Good point Anon and Art. I should be more careful with broad statements. Link to comment Share on other sites More sharing options...
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