FlashGordon

Arbitrator for my case is holding Hearing at his office in another town and in the next County over.

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The Arbitrator for my case is in the next town about 27 miles from my town and in the next County over, i got a letter from him stating the Date and time of the hearing and informing me that the Plaintiff has motioned to appear by telephone, in the letter he,  informed me that he had no problem with Plaintiff appearing by telephone and to file my motion to appear by phone. 

 

I do not want to appear by phone and will not be, how do i go about letting the arbitraitor know this? should i send a letter, call or file something?

 

I am starting an objection to file about Plaintiff appearing by phone should i just include it in there? 

 

and Isn't taking this out of my County, a FDCPA violation? or any other violation to my rights?

 

Anyone please, Thank you in advance.

 

 

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Sounds like you got one of the Oregon state mandated arbitrators and not the JAM or AAA. Your going to LOSE! You need to be there and request that the plaintiff also be there so that he can be cross examined in person and NOT by phone. OBJECT to everything also you must be able to cite Oregon law on your objections so that you can set up for an appeal. Tell them that you know this is a kangaroo court and that you will be appealing. I believe it's a trial De Nuevo to a higher court which most usually win. Get started on it now telling them you want PRIVATE ARB and not the state one, that they are not allowing you your rights.

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If you tell them it is a kangaroo court it will only piss them off ( sorry tomm) even tho it is. Try objecting to telephone testimony, pound in on plaintiff lacks standing, and see what happens. If you lose, file for a trial de novo. Read the thread on standing pinned above to understand what that means.

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He can tell them it's a kangaroo court after it's over and he loses. As he is telling them he is appealing.

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I would object to the telephone appearance and make sure every objection along with relevant law is on record. I would not say this is a kangaroo court or even mention that you know the deck is stacked. Have the appeal form ready for when you lose. Most states that do this require that the losing party gets a trial de novo because otherwise, stuff like this hits the news and there goes the process.

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I am preparing my "OBJECTION" but having trouble finding, relevant law or oregon case laws?

 

Trying to use, google scholar, but can't pull up spacifically what im looking for.

 

Anyone know how to use google scholar or where i can find case laws for oregon?

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@FlashGordon

When a party to a case files a written objection to mediation with the court, the action shall be removed from mediation and proceed in a normal fashion.

36.185

http://www.oregonlaws.org/ors/chapter/36

 

Do you have a cardmember agreement you can use to get this moved into JAMS arbitration? If not, maybe post some info on the case to help others help you better-

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

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I'm not in your state but I was also subjected to mandatory arbitration.  In my state the lawyers have to do it.  They are not even debt attys. Mine was a real estate atty.  The Plaintiff requested telephonic appearance.  I objected and won.  They sent a family law atty who had never even seen my file to the conference (trial)

 

Here is what I used against their motion to appear by phone due to economy and efficiency. And yes I had to appear in the city the arbitrator chosen was in.

 

Defendant's Motion To Oppose Telephonic Appearance At Arbitration

 

The Plaintiff's  XXXXX filed a motion on XXX to appear telephonically at the arbitration scheduled on xxxx.

 

Comes now,  Your name, pro per and moves the arbitrator  His name, to deny the Plaintiff's motion to appear at arbitration telephonically.

 

This telephone appearance will prejudice the Defendant's by the anonymous nature of the telephone.

 

The Plaintiff is in an action in which they seek relief, and are expected to appear in the forum to try to obtain the relief they are requesting.

 

Defendant's have a constitutional right to face their accusers.  Because this case is heavily disputed. the allowance of a Plaintiff to deny an opposing party's guaranteed rights result in a significant error of law.

 

In conclusion, The Plaintiff's give no valid reason not to appear at trial(arbitration).  Therefore, The Defendant's  Your name respectfully ask the arbitrator  His name, to deny the Plaintiff's motion.

 

Sent a copy to arbitrator, Plaintiffs and the court

 

 

 

 

Hope this helps

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So i got my Objection to the Plaintiff's request to appear Telephonic off to the Arbitrator Fri the 10th, that same day i got a letter from the Arbitraitor with the order approving the Plaintiff's request for Telephonic appearance.

 

And in his original letter he stated that i should just send in a motion to appear Telephonically in the cover letter i sent i said i would like to inform him i will not be appearing Telephonically that i will be physically appearing and that i would also like to inform him that i will be digitally recording and possibly video recording the Arbitration Hearing.

 

And today i get a letter from the Arbitrator dated the day he should have received my Objection, stating that you know a hearing is set for (Date and Time) and then he adds Prior to the Hearing you will need to remit to this office the sum of $$$ (Arbitration Fee) If it is not received you will not be able to present any evidence in the Arbitration Hearing. Please Attend to this matter at your earliest convenience.

 

Now he knows i had to apply to the courts for assistance to pay for the Arbitration Fee and was approved for a payment plan and i sent him a letter informing him that the courts would be paying the Arbitration Fee and that i would be making payments to the court.

 

So im guessing that something in my letter made him upset or hes just being nasty about me being pro se and or infavor for JDB?

Any Thoughts?

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NO, the arbitrating attorneys are PRO creditor, you will never win there. You should have filed an MTC private arb through JAMS. After your meeting with him is over I would inform him that you will be appealing his decision to a higher court. Not sure if you can have a court reporter there, but if you can I would pay the price. Make sure you object to everything and cite law regarding it. You have a lot of reading on the various Oregon threads about arb and law in general. I would not waste a bit of time, get it done now and take notes.

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At my arbitration the lawyer recorded the whole session. The first thing he asked the Plaintiff is :Where is your witness"  Their so-called atty said we don't have one.  Without knowing your whole case history, I would say to concentrate on what you will say to each of the things you think they will bring up.  If there is enough time, call the court and see if there any debt trials going on and maybe sit in on one, to see how things proceed.

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New Questions:

Going over the evidance the Plaintiff submitted for Arbitration Hearing, the account statements my name is wrong it's got double middle initials (Flash Q Q Gordon) i don't have two middle names and i don't use my middle initial on accounts.

 

There showing a home phone number that was never my home phone number, i had the same home phone number for 24years until 2years ago when i switched to my cell phone as my main phone, there showing a work number that was never a work number.

 

How would i attack this to damage there standing on the account?

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@Az Piano Lady 14

 

Yes! i'm going to appear in person, the hearing is April 29th 2015.

 

The Arbitrator denied my objection to Plaintiff's appearing teleophonicly, i expected that the day after i mailed my objection i got his letter approving there telephonic appearance. but he had no problem with me recording the hearing.

 

now i'm taking what you mentioned and concentrating on what to say to each of the things they are going to bring up,

in discovery i asked if they were going to have any witnesses to give the names and addresses and contact information of them they stated they had no witnesses and when i got the pre-hearing statement and proof form from them 2 days later they have some guy listed, probably the keeper of record who has personal knowledge of my alleged account and me as witnesses. so i'm looking into what question to ask just in case he appears by phone.

 

sorry to anyone i might have lost when i started this new topic, my background information started ( Need Help with Discovery Process in Oregon)

 

Thank You to everyone who post answers and helps.

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You need to fight against them bringing the so called witness in and from appearing by telephone. A lot of bad things there if he does. By law you have a right to have the witness appear in person, not by phone. OBJECT, OBJECT!

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@FlashGordon going back to #9, how about just pushing this thing into regular court? The arbitrator seems biased.

http://www.oregonlaws.org/ors/36.405

The presiding judge for a judicial district may do either of the following:

(a Exempt from arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) a civil action that otherwise would be referred to arbitration under this section.

(b Remove from further arbitration proceedings a civil action that has been referred to arbitration under this section, when, in the opinion of the judge, good cause exists for that exemption or removal.

 

Here's a pretty much ready to go Motion, just change county and such. go with option 3.

http://courts.oregon.gov/Multnomah/docs/civilcourt/courtmandatoryarbitrationforms_30_21_link7.pdf

MOTION AND ORDER REMOVING CASE FROM ARBITRATION AND ASSIGNING IT TO TRIAL DOCKET

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Very helpful link CCRP but I have yet to see one Oregon person be able to get it removed from mandatory ARB, they do the ARB and then you can do a trial de novo.  Wastes alot of time.  Doubtful the judge will allow it, but you never know.

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I don't remember who but, I recall one or two in the past that DID manage to get out of state mandated arb and go with JAMS.

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http://www.oregonlaws.org/ors/45.010

Testimony taken by telephone during trial was not deposi­tion but was oral examina­tion which ORS 45.040 (Oral examination described) requires to be in the presence of jury or tribunal which is to decide fact or act upon it, and it was error for court to allow telephonic testimony in absence of statute or procedural rule allowing it. State ex rel Juv. Dept. v. Gates, 86 Or App 631, 740 P2d 217 (1987), Sup Ct review denied

 

 

http://www.oregonlaws.org/ors/45.400

The court may not allow the use of telephone testimony in any case if:

(a) The ability to evaluate the credibility and demeanor of a witness or party in person is critical to the outcome of the proceeding;

(b  The issue or issues the witness or party will testify about are so determinative of the outcome that face-to-face cross-examination is necessary;

(c  A perpetuation deposition under ORCP 39 I is a more practical means of presenting the testimony;

(d) The exhibits or documents the witness or party will testify about are too voluminous to make telephone testimony practical;

(e) Facilities that would permit the taking of telephone testimony are not available;

(f) The failure of the witness or party to appear personally will result in substantial prejudice to a party to the proceeding; or

(g) Other circumstances exist that require the personal appearance of a witness or party.

 

A party filing a motion for telephone testimony under this section must pay all costs of the telephone testimony, including the costs of alternative procedures or technologies used for the taking of telephone testimony. No part of those costs may be recovered by the party filing the motions as costs and disbursements in the proceeding.

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Good find, here is some more info for general knowledge:

Who Can Arbitrate Disputes?

Arbitration can be voluntary (the parties agree to do it) or mandatory (required by law). Most contract arbitration occurs because the parties included an arbitration clause requiring them to arbitrate any disputes "arising under or related to" the contract. If a provision like this isn't included in the contract, the parties can still arbitrate if they both agree to it (although it's tough to reach an agreement to arbitrate once a dispute has arisen).

Advantages and Disadvantages of Arbitration

For simple contract disputes in which the matter can be heard in one day, arbitration is usually a good choice. However, if in doubt, consider the advantages and disadvantages, below.

Advantages. Arbitration is usually faster, simpler, more efficient, and more flexible for scheduling than litigation. Also, it avoids some of the hostility of courtroom disputes, perhaps because it's a private proceeding versus the public drama of the courtroom. And if the subject of the dispute is technical--for example, about a patent--the parties can select an arbitrator who has technical knowledge in that field, rather than a judge who may not be familiar with the issues.

Disadvantages. Unlike a court ruling, a binding arbitration ruling can't be appealed. It can be set aside only if a party can prove that the arbitrator was biased or that the arbitrator's decision violated public policy. Unlike a court case, there is no automatic right to discovery (the process by which the parties have to disclose information about their cases to the other party). (However, you can include a requirement for discovery in your arbitration clause or agree to it under arbitration rules.) The costs of arbitration can be significant; in some cases, they may even exceed the costs of litigation (see below).

Still weighing the good and the bad when it comes to arbitration? Learn more in Nolo's article Arbitration Pros and Cons.

What Does Arbitration Cost?

According to a survey by Public Citizen, a consumer watchdog group, the cost of initiating an arbitration is significantly higher than the cost of filing a lawsuit. On average, it costs about $9,000 to initiate a claim to arbitrate a contract claim worth $80,000 (versus about $250 to file that action in state court). Keep in mind that the people in the dispute pay the arbitrators, and arbitration fees can run to $10,000 or more. Add in administrative costs and your own attorney fees (if you hire one) and the process might even cost more than litigation.

Sample Arbitration Clauses

If you want to include an arbitration clause in your contract, below are some examples to take a look at. Example 1 shows a simple no frills arbitration clause; Example 2 offers more conditions and obligations.

Example 1

Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of [insert state in which parties agree to arbitrate] or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.

Example 2

Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of [insert state in which parties agree to arbitrate] or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in [insert industry or legal experience required for arbitrator] and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

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