Arbitration

[zebra900]

What is the name of your state?What is the name of your state?What is the name of your state? MA

I need to sue my HOA (long irrelevant story) and our condo docs say that instead of taking them to court we are required to settle through arbitration. I have not been able to find anything about how/where to do this.

Is it like suing someone where you file the papers and they are required to show up? I can't find any mention of it on the Mass Court System website - if it isn't through the court who is it through and how is the arbitrator's decision enforced? Would I need a lawyer or is it informal enough that I can just go and make my case myself?

Thanks for your help

 

[seniorjudge]

Exactly, word per word, what does the instrument say about arbitration?

(Your question is so vague, it's kind of like asking, "What is the meaning of life?")

 

[zebra900]

I can go into more details if it will help, but the end of a long story will be that I don't have the documents, but I am sure that the clause is in there.

I have no doubt that either the threat of a suit or at most the actual filing of one will clear up the problems (the condo trustee agrees she needs to do what I am asking, agrees to do it, but then just doesn't do it). I guess my question is more theoretical than practical - I am just wondering how/where to go about filing an arbitration claim, or even where to go to find out how to start the process.

 

[seniorjudge]

I can go into more details if it will help, but the end of a long story will be that I don't have the documents, but I am sure that the clause is in there.

I have no doubt that either the threat of a suit or at most the actual filing of one will clear up the problems (the condo trustee agrees she needs to do what I am asking, agrees to do it, but then just doesn't do it). I guess my question is more theoretical than practical - I am just wondering how/where to go about filing an arbitration claim, or even where to go to find out how to start the process.

I can't help you if you will not answer the questions.

 

[You Are Guilty]

I, however, can. Arbitration is sort of like an informal court. You get to pick which program you want to use, then you file a claim and the rest proceeds under the rules of the program.

I can't speak for all programs, but I've used the following in the past, so at least it's a start. (Don't forget to ask each one what their fees are!)

www.adr.org
www.arb-forum.com
www.jamsadr.com
www.namadr.com

There are plenty more if you don't like these.

 

[seniorjudge]

I, however, can. Arbitration is sort of like an informal court. You get to pick which program you want to use, then you file a claim and the rest proceeds under the rules of the program.

I can't speak for all programs, but I've used the following in the past, so at least it's a start. (Don't forget to ask each one what their fees are!)

www.adr.org
www.arb-forum.com
www.jamsadr.com
www.namadr.com

There are plenty more if you don't like these.

YAG's info is, of course, correct but irrelevant.

You have to check your CCRs before you do anything. Until you tell us what they say, then nothing anyone tells you will be anything more than just general info.

 

[You Are Guilty]

Technically, he just asked how arbitration works - not whether it was applicable in his own particular case (the OP just assumed that part)

 

[seniorjudge]

Technically, he just asked how arbitration works - not whether it was applicable in his own particular case (the OP just assumed that part)

Okay, Zeb, ya got TWO correct answers for the price of one!

You cain't beat that at half the price.