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How to Motion for SJ in JAMS?


sillymonkey
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Not sure. Considered doing it once but chose not to. I would think the formalities of court for an MSJ guided by the governing law in the arbitration proceeding would be a step in the right direction.

 

http://www.jamsadr.com/arbitrators-less-prone-to-grant-dispositive-motions-than-courts-06-26-2009/ :

gives some insight on the issue.

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Generally, speaking a MSJ is telling the trier of fact, no need to have a trial or hearing, because based on the writings(motion) the otherside cannot win.  I am not sure why you would want a decision made without a hearing?

 

The whold idea of using arbitration is the cost of the arbtration and arbitrators time at the hearing. 

 

If you say hey you can do this part via Motion and no hearing, it will make it less expensive for the otherside who is footing the bill.

 

Finally, if you can defeat their claim via a law or statute, why not let them present their case and squash them at a hearing.  All the while them paying the arbitrator $400 or more per hour to do so.....

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