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Dude-In-WA-State

Synchrony agreement, who pays for arbitration?

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I'm being sued by Midland for about 10K.

When reading the Synchrony/GAP agreement it says,

Quote

The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced.

Can't Midland just say they don' believe I'm acting in good faith and refuse to pay the arbitration costs?

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They can only say that in court if you try to compel arbitration but do not start it. Once you start it, you are acting in good faith according to the agreement. I don't think I have heard Synchrony or their collectors try this (others might have more experience) and even if they did, it would be up to the arbiter to decide if you acted in bad faith, not Midland. Midland would also have to prove that you are acting in bad faith which is very difficult because that goes beyond saying that the opposing party should agree with us because we supposedly have the evidence.

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