lesmir

MTC filed in AZ, received notice of court mediation

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Hello,

im being sued by an OC Citibank for $3,000,

I responded to the summons, denied all, and also filed a MTC.  Plaintiff filed a response to my MTC agreeing to arbitration and included a proposed order to allow for arbitration and even stays the proceeding for 90 days.
 

Judge still has not ruled on my MTC and also did not sign the plaintiffs proposed order to allow us to arbitrate.  Instead we received a notice for court ordered mediation.  I’m concerned as I have not started the arbitration with AAA as I was waiting on the court signed order to proceed. Also I don’t what what to expect or procedures during this mediation. How should I prepare for mediation or what can I do to ensure we get a ruling on the MTC to allows us to proceed to arbitration.

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1 hour ago, lesmir said:
 

Hello,

im being sued by an OC Citibank for $3,000,

I responded to the summons, denied all, and also filed a MTC.  Plaintiff filed a response to my MTC agreeing to arbitration and included a proposed order to allow for arbitration and even stays the proceeding for 90 days.
 

Judge still has not ruled on my MTC and also did not sign the plaintiffs proposed order to allow us to arbitrate.  Instead we received a notice for court ordered mediation.  I’m concerned as I have not started the arbitration with AAA as I was waiting on the court signed order to proceed. Also I don’t what what to expect or procedures during this mediation. How should I prepare for mediation or what can I do to ensure we get a ruling on the MTC to allows us to proceed to arbitration.

When you get to the mediation, tell the mediator that you and the plaintiff have agreed on private arbitration.  Bring whatever documents you have showing that they agreed to it.  If the mediator tries to get you guys to talk about settling the debt, just say you already have the agreement with the plaintiff.  

Others might chime in, but I don't see any harm in starting arbitration with AAA now.  The plaintiff isn't fighting arbitration.  

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Court ordered mediation is automatic in some of the Justice Courts here. Do as instructed to avoid agreeing to any of the process. Don't be surprised if the judge rules against the MTC arbitration. You may have to prepare an appeal. Again, it will depend upon the judge. 

Citibank folded quickly once I got them to AAA so keep pushing for that goal. Things must have changed with them over the years given Harry's different experience with them. 

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