Thomas2

Arbitration award, costs, and appeal

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8 hours ago, thomasp said:

On the docket now at the Justice Court is an Order Setting Mediation.

Did plaintiff's attorney file something to make this happen, or did the court return the case to the active calendar of its own volition?

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28 minutes ago, Pericles said:

Did plaintiff's attorney file something to make this happen, or did the court return the case to the active calendar of its own volition?

At this point, nothing is showing up from the Plaintiff on the docket.  There was a pending dismissal last fall but I filed a notice in March that the case was ongoing.  I am calling the clerk this morning to find out if it was the court that placed it back on the active calendar or not.  If it was the court, how do I go about dealing with this?  Just another notice like I did previously?

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If it was just the court's internal process that caused a mediation date to be set, then a motion to continue or vacate the meditation conference is probably the way to go.

Maybe also file a separate notice to the court, something like "notice of arbitration status".  The notice could have some language like, "Defendant hereby advises the Court that the arbitration process ordered by the court on xx/xx/201x is still active and ongoing.  As of the date of this notice, Defendant is in compliance with all the requirements of the arbitration forum."

You could also add some language that Plaintiff is not currently in compliance with all requirements of the arbitration forum, if they are not.

If you later have to file another motion to compel, you can refer to the notice in the motion.

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14 hours ago, Pericles said:

If it was just the court's internal process that caused a mediation date to be set, then a motion to continue or vacate the meditation conference is probably the way to go.

Maybe also file a separate notice to the court, something like "notice of arbitration status".  The notice could have some language like, "Defendant hereby advises the Court that the arbitration process ordered by the court on xx/xx/201x is still active and ongoing.  As of the date of this notice, Defendant is in compliance with all the requirements of the arbitration forum."

You could also add some language that Plaintiff is not currently in compliance with all requirements of the arbitration forum, if they are not.

If you later have to file another motion to compel, you can refer to the notice in the motion.

Yes, it was the court putting it back on the active docket after months of inactivity.  I will file a simple Motion to Vacate.  I have not done one of these before.  I presume it is just a simple statement that arbitration is still ongoing therefore the original stay on proceedings should be in effect.  Then I will add that Notice you recommended as an exhibit with proof from JAMS.  This should be easy enough.  Thanks. 

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A Notice should not be filed like an exhibit, but it's own document like any motion or pleading.  It is simply a way to inform the court of activity to be put on the record.  As @Pericles said, you can then reference the Notice in your Motion to Vacate, such as, "Defendant has filed and performed the required steps to start the arbitration process, See Notice of Pending Arbitration in JAMS (Doc #whatever docket number the Notice is notated as in your case file)."

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1 hour ago, fisthardcheese said:

A Notice should not be filed like an exhibit, but it's own document like any motion or pleading.  It is simply a way to inform the court of activity to be put on the record.  As @Pericles said, you can then reference the Notice in your Motion to Vacate, such as, "Defendant has filed and performed the required steps to start the arbitration process, See Notice of Pending Arbitration in JAMS (Doc #whatever docket number the Notice is notated as in your case file)."

OK, understood.  Since this is an appeal, should I specifically note in the Notice that it is a pending Arbitration Appeal in JAMS with the case # blah blah blah?  Or should I just state that arbitration is still ongoing with the case # blah blah blah?  Thanks. 

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I don't think it matters.  The stay was to remain until arbitration concluded and arbitration has not concluded.  If Plaintiff decides to file something in response to your notice, then you can get into the weeds.  My experience is to keep things as simple as possible for court staff.

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14 hours ago, Harry Seaward said:

I don't think it matters.  The stay was to remain until arbitration concluded and arbitration has not concluded.  If Plaintiff decides to file something in response to your notice, then you can get into the weeds.  My experience is to keep things as simple as possible for court staff.

Yeah, not sure yet how they are going to handle this.  For now, I will take the advise to keep it simple and to the point.  Thanks. 

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I finally have an outcome. The Appeal was granted & due to the current circumstances was done via a series of arguments & counter-arguments. The Award just came through. The Appeals panel accepted the original arbitrator's award for both parties, & they vacated the fees/costs. They clearly stated that this goes against JAMS CMS & all of the consumer policies. The original arbitrator erred in his decision. So this ruling does affirm that the OC CMS does not take precedent over the JAMS CMS & that cost shifting is against JAMS consumer policies. 

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What would be the next step for challenging the award in local court? The original case was adjudicated, dismissed without prejudice. Will they reopen this one? Will they do another? What time limits am I under? Should I explore a possible settlement at this time?  

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41 minutes ago, Thomas2 said:

Will they reopen this one? Will they do another?

There isn't another case.  The award is confirmed as a judgment with the courts.  That allows them to proceed to wage garnishment or bank levy to collect.

41 minutes ago, Thomas2 said:

What would be the next step for challenging the award in local court?

I believe once you have exhausted the appeals in arbitration it is done.  There are not any other options to get it over turned.

42 minutes ago, Thomas2 said:

Should I explore a possible settlement at this time?  

Yes.  They called your bluff.  Its over.

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36 minutes ago, Clydesmom said:

There isn't another case.  The award is confirmed as a judgment with the courts.  That allows them to proceed to wage garnishment or bank levy to collect.

The original case was closed. I presume then you are saying they are going to file to reopen it. 

 

37 minutes ago, Clydesmom said:

I believe once you have exhausted the appeals in arbitration it is done.  There are not any other options to get it over turned.

In my case, there was obvious bias on the part of the original arbitrator. I plan to challenge the judgment on that basis given the clear wording of the Appeal's panel. 

38 minutes ago, Clydesmom said:

Yes.  They called your bluff.  Its over.

Well, bluntly, it is not over until a judgment is confirmed. It has not yet been so I will continue to explore my options. I was awarded by the Appeals panel fines per violations so that mitigates the original amount. I will explore settling with them & see if they are willing now. This wasn't a bluff on my part. 

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38 minutes ago, Thomas2 said:

I presume then you are saying they are going to file to reopen it. 

No.  They do not have to re-open the lawsuit at all.  This is over.  The final decision of the appeals panel in arbitration stands.  They are merely going to convert the award to a judgment.  That is a 2 minute hearing where the judge simply signs the paperwork.  Neither of the parties even has to be there.

 

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1 hour ago, Clydesmom said:

No.  They do not have to re-open the lawsuit at all.  This is over.  The final decision of the appeals panel in arbitration stands.  They are merely going to convert the award to a judgment.  That is a 2 minute hearing where the judge simply signs the paperwork.  Neither of the parties even has to be there.

 

Are you in Arizona? I have already started exploring options which I doubt I will share in the public forum. 

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1 hour ago, Goody_Ouchless said:

Thank you so much for providing an update! That has to be chilling news to places that keep trying to recoup fees.

 

It lays to rest I believe the erroneous belief that they can recoup those fees from either JAMS or AAA in consumer arbitration. In this regards, no matter what is the final end point for my particular case, it is good news for consumers. 

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1 hour ago, Thomas2 said:

It lays to rest I believe the erroneous belief that they can recoup those fees from either JAMS or AAA in consumer arbitration. In this regards, no matter what is the final end point for my particular case, it is good news for consumers. 

If it is a published ruling, it’s good news for consumers in the court(s) in which it is precedent.  

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2 hours ago, BV80 said:

If it is a published ruling, it’s good news for consumers in the court(s) in which it is precedent.  

I would love to know if it's a published ruling!

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11 minutes ago, catlady22 said:

I would love to know if it's a published ruling!

Even if it’s a published ruling, it would only help courts in AZ in which it is precedent.  If it was in a lower court, it won’t even help all AZ consumers.  

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8 hours ago, BV80 said:

If it is a published ruling, it’s good news for consumers in the court(s) in which it is precedent.  

I find it hard to believe that JAMS would state what was stated & then change it for another consumer arbitration. 

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4 hours ago, Thomas2 said:

I find it hard to believe that JAMS would state what was stated & then change it for another consumer arbitration. 

I forgot that this was not in court, so there is no court ruling.  In regard to the appeal panel’s decision, is it available for other consumers to access?  

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