miker735

Arbitration conference

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I have an arbitration conference scheduled for next week and am really conflicted about something.

When I filed a Motion to Compel arbitration after the other party who is a JDB sued me my motion was granted to Compel. The other party had not followed through but continued to try to litigate the matter. I motioned the Court again to enforce the arbitration. The Motion was granted. In addition the case is now marked dismissed with predjudice...no mention of a stay. I have a notice from the judge that the case is dismissed with prejudice as it has entered binding arbitration.

This was sent prior to the other party paying their fees which were sent atleast 60 days after that and after three attempts by JAMS to get them to pay.

Would I have the right to drop the arb since the judge dismissed with prejudice? I certainly have quite a few violations against the JDB and the attorney but the attorney is not included in the arb. They are being taken to court separately for their violations.

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Yes you can drop the arb based on the facts you mention above.  Dismissed with Prejudice means the court is through with the case.  Otherside would have a difficult time bringing the claim again....

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I am not sure you can drop the arbitration. Once the arbitration has commenced if you bail you will be responsible for the fees. I think you need to be released by the arbitrator. If your arbitration had not commenced it would be different...either party can withdraw.

 

If your Motion to Dismiss cites the reason for dismissal is that you are in binding arbitration you could be violating a court order by withdrawing from the arbitration.

 

This is just my two cents but if I was the other side and you withdrew from the arb I would notify the court that you are violating the order to arbitrate. Under the circumstances I think the JBD could re-file. I am not an attorney, and not sure about this but if i were you I would investigate further what your options, and obligations are.

 

You don't want to misstep and give them a victory. You have an excellent chance of prevailing in JAMS , and once the costs start rising...the JBD will most likely settle, and you will be done with it!

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