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Arbitration in Arizona


SanTanStan
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Hi,

 

 

            I've looked around and haven't been able to find a specific statute that dictates how late into the trial process arbitration can be motioned for.   I've already filed my answer but haven't gotten to the pre-trial conference yet.    If anyone could shed any light on this for me, I'd very much appreciate it!

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If you want to go the arb route, why prolong litigation in court?

Ditto.

 

If I wanted contractual binding arbitration (assuming it was available) I would have to be receiving some significant benefit by continuing litigation at the risk of possible waiver. The waiver of arbitration is jurisdiction and case specific and has a lot of variables. I'd search Google Scholar for Arizona courts with the keywords arbitration waiver or similar to review applicable case law concerning the complexities of waiver.

 

Outside of some tricky or nuanced game I cannot conceive of any obvious value to continuing the litigation and delaying arbitration if that is what I wanted to pursue.

 

Bottom line: sooner is better than later. I don't recall seeing anything that would indicate that merely filing an answer would waive arbitration in Arizona.

 

If the amount of alleged debt was small, say $5k, and the expensive JAMS forum was available to me to go up against a JDB required to pay most of the fees by agreement, I might choose to MTC Arbitration and hope the JDB refused to follow me there for a mere $250 (five cents on the dollar) investment.

 

For a $30k alleged debt by an aggressive OC I would rather take my chances in court. In my limited experience: In Arbitration No One Can Hear You Scream TM

YMMV, and I hope it does in a positive way.

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I agree YMMV with arb v court. I think AZ judges are on the conservative side so arb MAY be better for you. For me, arb is better because I didn't know court procedure. So far, I think it's going a lot better that it would have in court. We've gotten some settlement $ from 1 CA and we're pushing the OC/CA even more in arb. HOWEVER, we do have lots of claims and the CA's responses (this is a big local debt collector) I think have been lame to say the least.

 

For us, I want them to pay for the suffering they caused us, they will pay either with time or $$ (either to us with a good settlement, or to JAMS).

I don't care, I want them to pay and we have time and v. little to lose.

 

YMMV on your case. No one will judge you on the route you take but I think there will be many here who will try to help whatever journey you take! GOOD LUCK!! :)

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I found the answer, in Arizona you have 45 days from the filing of your answer/response to a Complaint to motion for arbitration.    I found it in the nick of time too.  :-)

Please share your authority for the 45 day deadline. That would be a tool I would not mind having in my tool belt for use in Arizona.

 

The only place I have seen a 45 day deadline applicable to a waiver of arbitration is where it is spelled out in the arbitration agreement between the parties. e.g. bottom of ¶9 in this AZ memo decision: http://statecasefiles.justia.com/documents/arizona/court-of-appeals-division-one-unpublished/CV090692.pdf

 

I don't recall ever seeing such a deadline spelled out in the arbitration agreements related to businesses that I have had an interest in dealing with. It would seem a rather unusual occurrence from my experience.

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  • 2 weeks later...

Please share your authority for the 45 day deadline. That would be a tool I would not mind having in my tool belt for use in Arizona.

 

The only place I have seen a 45 day deadline applicable to a waiver of arbitration is where it is spelled out in the arbitration agreement between the parties. e.g. bottom of ¶9 in this AZ memo decision: http://statecasefiles.justia.com/documents/arizona/court-of-appeals-division-one-unpublished/CV090692.pdf

 

I don't recall ever seeing such a deadline spelled out in the arbitration agreements related to businesses that I have had an interest in dealing with. It would seem a rather unusual occurrence from my experience.

 

 

   Have to find the statute, saw it cited in multiple court decisions, also when I called up the court directly, they confirmed it as well.  45 days from the submission of your original pleading.

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Came here to read this. So, if I tell the court on my Answer to summons that I want to go the Arbitration route, it's with JDB Assett... for 3K. I disputed the original debt with Dell though and I don't have any income they can take or a home or anything as my father bought me my house due to events that I recently went through, Home Invasion and I don't feel safe in the city... Anyways, I have a ton of expenses and I am just trying to get back on my feet after the loss of my computers and as a result my business... If I go the Arbitration route what are the basic's. Am I admitting the debt and will I definitely have to pay something? I would really love to sue Asset for something for putting me through all this at a very bad time already for me. Not to say I have things any better or worse then any of us here by any means, they say we only get as much as we can handle. Just when I think I'm done something else creeps up. As it is now I haven't slept since yesterday and so I need to go take a quick break before I collapse. Look forward to seeing something good... ::drowning:::yahoo::<img src=:'> :justdrink:xdrinkndropX

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