thefinz

Midland Funding in Ohio

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9 U.S. Code § 5 - Appointment of arbitrators or umpire

If in the agreement provision be made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method be provided therein, or if a method be provided and any party thereto shall fail to avail himself of such method, or if for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or umpire, or in filling a vacancy, then upon the application of either party to the controversy the court shall designate and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the said agreement with the same force and effect as if he or they had been specifically named therein; and unless otherwise provided in the agreement the arbitration shall be by a single arbitrator.

Citraro v. ComputerTraining.com,Inc.  Ohio Court of Appeals, 8th Appellate District, 2013

"Applying §5 of the FAA to the Arbitration Agreement, the result is inescapable: the parties' agreement to arbitrate survives the NAF's unavailability. The Arbitration Agreement did provide a method of naming or appointing an arbitrator, but that method became unworkable due to the NAF's unavailability and the Citraros refusal to avail themselves of the alternative arbiter: the AAA. In such circumstances, §5 empowers the trial court to save the agreement by appointing an arbitrator.   In this case, the trial court erred in ruling that the Arbitration Agreement had become unenforceable. Instead, the trial court should have enforced the Arbitration Agreement and appointed an arbitrator."

"In the instant case, although the NAF is named as the default arbitrator, NAF was not named as the "exclusive" arbitrator to the Arbitration Agreement. Rather, the Arbitration Agreement named the NAF as one of two eligible administrators and did not specify that either was exclusive. "

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2 hours ago, Coffee_before_tea said:

What did the court order to Arbitrate say, specifically?

 

All the court order stated is the case is stayed pending the outcome of Arbitration. I did send in a copy of the AAA demand with the MTC Arb. Also in checking the court docket for the case it now shows a being DWOP, so I am guessing that is possibly a mistake. I have to call the clerk on Monday.

 

Also @BV80 in the cardmember agreement it lists JAMS as a secondary arbitrator for the case. Should I file with them, should I just sit back and wait to see what happens (maybe settlement),or possibly send an email proactively offering settlement before filing with JAMS?

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Definitely double check to see if there is a signed order dismissing the case w/o prejudice.  If it's dismissed, I'm not sure you have to do anything, as long as you satisfied the court order to arbitrate, which it sounds like you did.  

The other option would be to initiate with JAMS, and file another MTC, with an alternate pleading of compelling Midland to become compliant with AAA, so that you can arbitrate in your original choice of venue.  (JAMS is actually better)

 

 

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9 hours ago, thefinz said:

All the court order stated is the case is stayed pending the outcome of Arbitration. I did send in a copy of the AAA demand with the MTC Arb. Also in checking the court docket for the case it now shows a being DWOP, so I am guessing that is possibly a mistake. I have to call the clerk on Monday.

 

 

It's not necessarily a mistake.  The plaintiff could have voluntarily dismissed because it doesn't want to arbitrate.

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Actually I finally got the paperwork. The plaintiff Dismissed the case the same day the judge signed the order for my MTC Arb. So now it looks like I am going to be taking this another way in order to settle this account. I was so looking forward to mutual dismissal. Oh well it looks like my next step is writing a BBB complaint against them now.

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