FlashGordon

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

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@FlashGordon how was this arbitrator picked? Did you and the Plaintiff get choices and unable to decide the court appointed one? If the court won't allow this out of arb I'd see about a motion for a different arbitrator. At least the court is bearing the costs of arb and will again when it goes to trial.

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@ CCRP626, There was a hearing pre-trial conferance with a judge back on Feb 24th at 8:50 am, the judge never opened the courtroom there were lawyers waiting out side the court room with me that started asking the clerks when he was going to start, was there a problem ect... at almost 9:30 he called me back to his chambers ask me if i was "Flash Gordon i confirmed that i was, he then said Ms. Tami (Plaintiff's Lawyer) you would like this to go to Arbitration, and she said yes i would judge, with out even skipping a beat (she was on the phone). I said i object i would like this to go to trial (the judge got this blank look on his face) I said i object to her appearing by phone i thought this would be a face to face hearing, he just kept looking at me with this blank look and then mumbled the manditory arbitration thing and something else, I objected again and said i want this to go to trial and the judge said i should have filed a motion for that. and then said i was done, so i walked out.

 

About three days later i got this form to fill out with the names of 5 Proposed Arbitrators (circle names which are acceptable and strike out no more than 2 names which are unacceptable) , the day after that i received a letter from the Plaintiff's Lawyer that they would like the courts to decide the Arbitrator with one name crossed off there form, so i started looking the names up on the Oregon state bar web site, the Lawyer the Plaintiff crossed off specializes in consumer right the so i picked him, the 1st woman had no disciplinary actions so i picked her, the 2nd woman had had a disciplinary action and had to pay a fine so i did not pick her and striked her, the 2nd guy (who got picked as the Arbitraitor for my case) had a disciplinary action he was suspended from practacing for 6 months because he altered a document in a court case he was hired to represent a doctor who was being sued by a patien so i did not pick him and striked him, the 3rd guy had no disciplinary actions so i picked him, and sent it in.

 

I got a letter from the courts about 3 days after i mailed in my form that he was the Arbitrator for the case

 

I got a letter from him about 9 days after that informing me he was the Arbitrator for the case his fee was $500.00 and i needed to pay half of that and to send him a check for $250.00 so i applyed to the courts for assistance to pay the fee, the finacial clerk i was dealing with kept acting like i did'nt know what the Arbitration fee was she kept telling me that the fees are more like $300.00 to $400.00 for my half and i kept telling her i got this letter from the Arbitrator and this is what he said to pay... so she put me on hold for about 20min, and when she came back she said that the Plaintiff's lawyers had made a deal with the Arbitrator for a lower fee, i tryed asking her more about this deal they had made but she would'nt talk about it and was really avoiding my questions and started getting short with me so i backed off because i really needed to get approved for the assistance with the fee.

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@FlashGordon sorry to hear it went this way for you and one of the worst choices got picked after you crossed him out. I would think if an attorney is suspended from practicing law they can't arbitrate either.

 

I don't think you have anything to lose if you feel like doing a written Motion for a different arbitrator or to move this into actual court. You've got plenty of reasons for the former- Court had alternative names both sides agreed were acceptable but a name you crossed off was chosen and he can't even practice law due to evidence tampering and now he's cutting deals with the Plaintiff's attorney without your knowledge. Wonder if those two have some past history together that would lead someone to believe there might be bias?

 

This case isn't an exact match but deals with the atty on one side dealing with an arbitrator without full involvement of the opposing side. Might be some ideas there you can use.

http://scholar.google.com/scholar_case?case=7091738885432508201&q=arbitration+telephonic&hl=en&as_sdt=4,38

 

Note my post #21 states "presiding judge for judicial district", not everyday trial court judge if you're going to ask to get this thing on a new track.

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@CCRP626, Yes i think there is a past with the Arbitrator and the JDB Lawyer and i think there might be a history with the Judge and the JDB Lawyer they were overly friendly with eack other, he "ASKED her if she wanted this to go to Arbitration" and when i objected he looked like he had not expected me to object or to even say any thing, and possibly the court clerks, after i sent in my form with this guy marked off they still chose him.

 

The Arbitrator was admitted to practice in 1978, his disciplinary was back in Dec 13th 2007 so he must be past his disciplinary action to qualify as an Arbitrator.

 

 Your kind of stuck with the manditory Arbitration here in oregon, unless you have a private Arbitration clause in your card agreement for JAMS or AAA and thats were i was having some troulble with finding a card member agreement for my alleged account.

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