sillymonkey Posted August 7, 2013 Report Share Posted August 7, 2013 I was wondering if anyone knows how to Motion for SJ against the OC's counterclaims in JAMS? I think I have a good statute against them that doesn't require anymore Hearing. Link to comment Share on other sites More sharing options...
Credator Posted August 7, 2013 Report Share Posted August 7, 2013 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. Link to comment Share on other sites More sharing options...
skippy1960 Posted August 9, 2013 Report Share Posted August 9, 2013 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..... 1 Link to comment Share on other sites More sharing options...
sillymonkey Posted August 13, 2013 Author Report Share Posted August 13, 2013 Ooohh..Yes, thanks for the tip Skippy! They are already starting to cave with settlement offers but I'll keep my Ace for the Hearing!! Link to comment Share on other sites More sharing options...
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