Is anyone familiar with Binding arbitration"?

[Jstpssng]

After 3 1/2 long years I've finally recieved a judgement against a company which I paid for services they never performed. I thought "binding arbitration" was just that; Now they are saying

"Upon the receipt of the award, and once I have had an opportunity to
review the Conclusions of Facts that coincide with that award, I will
then determine how the company will proceed. I may determine that it
is
in the best interest of the company to pay the award, or request
Reconsideration of the same."

they have had my money, interest free, since 2002; the judgement was for the exact amount I paid them back then; now they are still balking at paying.

guess it's finally time I talk to a lawyer, but tonight I'm trying to gather my thoughts and cool my frame of mind.

Srry for venting, but a couple grand would be VERY handy right now, and i'm not sure what if anything I can do.

 

[CharlieTR]

So did this come from a Justice of the Peace in small claims court?
Who made the judgment?
I had the same thing and the JP awarded me back my 3450 plus expenses.
After 30 days of no payment, JP approved my writ and the constable (sp?) took around $5000 of his property and sold it for what I needed then paid me $3700.

If you had an arbitrator, maybe you can take that to the JP to help collect.
($5000 limit for JP's)

 

[Dusty]

You used the term "judgment", which is a legal term. Was the arbitration a court approved arbitration or a mutually agreed situation? Without knowing more of the facts, there is no way to intelligently reply. Binding arbitration is used in place of going to court, but both parties have to agree to the terms of the arbitration. You paid for your arbitrator, so I suggest that you contact him and see what his take on the matter is. They might just be bluffing with the response. Some jurisdictions have very strict rules of arbitration, and others don't. Good luck and get back to us with additional information if you have it, or what your arbitrators advises. One question to ask is "did I loose any future legal rights by agreeing to arbitration?" Dusty

 

[Jstpssng]

You used the term "judgment", which is a legal term. Was the arbitration a court approved arbitration or a mutually agreed situation? Without knowing more of the facts, there is no way to intelligently reply. Binding arbitration is used in place of going to court, but both parties have to agree to the terms of the arbitration. You paid for your arbitrator, so I suggest that you contact him and see what his take on the matter is. They might just be bluffing with the response. Some jurisdictions have very strict rules of arbitration, and others don't. Good luck and get back to us with additional information if you have it, or what your arbitrators advises. One question to ask is "did I loose any future legal rights by agreeing to arbitration?" Dusty

the contract which I signed with the company nearly 5 years ago included an arbitration clause... they broke that contract before the ink was dry, and have been jerking me around ever since. Yet "possession is 9/10ths of the law"...

I've exhausted all my resources, and it's now time to hire a lawyer. I'm finally learning to ask questions though, and there is a wide range of expertise and experience here which can help me.





thanks for your help.

 

[Dusty]

If the contract calls for arbitration, and you have been through the arbitration process, then they have to abide by the arbitrators decision. How you will collect the money I don't know. Before you start spending money, speak to the arbitrator that represented you and ask his advise. He has already been paid. Also, how many of the arbitrators agreed..... two of the three, or all three. If all three, then I can't see how they can appeal anything. If two, they might have had a clause in the agreement that gives them some wiggle factor. There is a American Arbitration Association that might be able to help you understand your rights in your state. Normally, I would suggest an attorney, but the costs in this instance might not be worthwhile. I would exhaust every "free" resource before I spent any more money. Also, check with the arbitrator as to a recommendation of attorney that specializes in this type of practice. If he doesn't make any suggestions, then contact your local state Bar Association. Dusty

 

[BillyP]

Binding arbitration, what a joke. In essence, you're giving up your right to a day in court.

 

[3RRL]

Only on the original issue.
He can now take them to court for not adhering to the terms of the binding arbitration plus interest and expenses. However, collecting is another matter. In my experience, most arbitrators are retired judges and if it were to get to court for reason stated above, a judge would normally go with the decision of the arbitration.

Dusty gave some real good advice and I would contact the arbitrators to ask them what to do first. They may have experience with exactly that scenario and information how to lien against them or some other form of persuasion that will make them pay up?

 

[Nat]

A judgement is worth exactly the value of the used sheet of paper it is written on. A judgement says they owe you this much, but there is no teeth to make them pay. My brother's construction company took out a labor lein on a resturant for failing to pay and got a 60,000.00 judgement. The court says that the resturant owes him 60,000.00, duh, we already knew that and the resturant knew that. They can't sell the property till the judgement is cleared as long as my brother goes back to court every year to renew it, which costs the cost of court each time and they still owe him the money, and he still doesn't have in and knows he never will. Later, Nat

 

[LBrown59]

It puts you in a bind: > That's why they call it binding.

After 3 1/2 long years I've finally recieved a judgement against a company which I paid for services they never performed. I thought "binding arbitration" was just that; Now they are saying

"Upon the receipt of the award, and once I have had an opportunity to
review the Conclusions of Facts that coincide with that award, I will
then determine how the company will proceed. I may determine that it
is
in the best interest of the company to pay the award, or request
Reconsideration of the same."

they have had my money, interest free, since 2002; the judgement was for the exact amount I paid them back then; now they are still balking at paying.

guess it's finally time I talk to a lawyer, but tonight I'm trying to gather my thoughts and cool my frame of mind.

Srry for venting, but a couple grand would be VERY handy right now, and i'm not sure what if anything I can do.

 

[LBrown59]

Binding arbitration, what a joke. In essence, you're giving up your right to a day in court.

That's it in a nut shell.