Contract called for arbitration, now being sued

[mike4996]

What is the name of your state (only U.S. law)? Ohio

I am being sued in small claims court regarding an issue that arose out of a purchase contract for real estate (I was to be the seller). Part of the contract states

“In the event a dispute arises concerning this contract and/or performance of seller, buyer, or Realtor® (including any officer, agent or employee of listing broker’s company or selling broker’s company) arising out of, or in any way related to this contract or any of their acts or performance in connection therewith or related thereto, the dispute shall be submitted to binding arbitration“

What is the correct procedure to follow in order to get the court to “stay” (if that is the correct term) the litigation? Since I have moved and now reside 100s of miles away, I would prefer to avoid having to appear in person.

[seniorjudge]

Q: What is the correct procedure to follow in order to get the court to “stay” (if that is the correct term) the litigation?

A: You file a motion to dismiss with the language you put in the post. Also attach a copy of the contract. Send the motion to the other side and the court. Follow up on it.

[mike4996]

SeniorJudge:
Thank you very much for your reply and advice. I presume that such a motion does not have to be filed in person, but can be filed via fax or U.S. Mail. Is that correct? Is there any particular format the court requires such motions to be in?

[seniorjudge]

Q: Thank you very much for your reply and advice. I presume that such a motion does not have to be filed in person, but can be filed via fax or U.S. Mail. Is that correct? Is there any particular format the court requires such motions to be in?

A: All the answers depend on the state's small claims statutes. Go to that state's state bar website and read up on small claims.

[mike4996]

The local rules of the court allows filings by fax.

Ohio law specifies that court employees will help parties to a small claims case by providing the proper forms, so I will call the court tomorrow.

I should have researched those things prior to asking.

Do I want to file a "Motion to Dismiss" or a "Motion to Stay". I seems to me that since the contract also states "...all parties waive their right to court or jury trial." that I should move to dismiss, which I understand is permanent, rather than move to stay, which may be temporary.

[HomeGuru]

Originally Posted by mike4996

The local rules of the court allows filings by fax.

Ohio law specifies that court employees will help parties to a small claims case by providing the proper forms, so I will call the court tomorrow.

I should have researched those things prior to asking.

Do I want to file a "Motion to Dismiss" or a "Motion to Stay". I seems to me that since the contract also states "...all parties waive their right to court or jury trial." that I should move to dismiss, which I understand is permanent, rather than move to stay, which may be temporary.

**A: it appears that this matter is not a small claims issue.

[mike4996]

HomeGuru: So are you agreeing that it should go to arbitration? Or are you saying it belongs in a court other than small claims?

[HomeGuru]

Originally Posted by mike4996

HomeGuru: So are you agreeing that it should go to arbitration? Or are you saying it belongs in a court other than small claims?

**A: file a motion to compel arbitration.