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Daytona365

JAMS Demand for Arbitration

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I recently filed for JAMS arbitration against an OC, and did not request expedited procedures.

JAMS notified me that the arbitration will be conducted under the Streamlined Rules. Isn't that expedited?

Also, I requested that the OC advance my share of the fees, which they haven't done yet. They did pay their portion of $1,250.

The amount in question is under $5,000.

Thanks in advance.

 

 

 

 

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Streamlined is not expedited and is the standard.  You can always object to the streamlined rules and request that the comprehensive rules apply.  I say it never hurts to object to everything you don't like and ask for what you want in JAMS.  Most of the times, they will rule against you, but there is always that little chance you get it.  Plus the time spent asking about the rules change, is time the OC spends money on and gains eventual leverage.  

Who is the OC and what does your arbitration agreement read in terms of payments?

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The OC is Discover and payment of the consumer arbitration fees will be advanced by the bank if requested.

I mailed Discover a request to advance my portion of the JAM fees, and have not yet heard back from them.

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On 10/25/2019 at 10:45 AM, Daytona365 said:

The OC is Discover and payment of the consumer arbitration fees will be advanced by the bank if requested.

I mailed Discover a request to advance my portion of the JAM fees, and have not yet heard back from them.

Has JAMS asked you to pay the $250 yet?  If they do, I would send proof that I asked JAMS to advance your portion of the filing fee and also cite the contract saying they will do so if you ask.  I would then ask JAMS to bill Discover for my portion of the filing fee.

Just as an FYI, Discover will see this thing all the way through and not be scared off by the costs.  But now is a good time to send a settlement offer if you have a chunk of money you can use to make a lump sum payment offer.  Prior to an arbitrator being assigned to the case is a key time to settle.  The other key time to settle is after the initial conference call and again before the hearing date.

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