unknown said:
We fired our family law lawyer and made a complaint with the State Bar for incompetence. We have sinced had to hire a new lawyer to fix the mistakes that made their way on paper. I am talking about total disregard for the client. Extremely wrong figures in the dissomaster or not even numbers at all. Anyway, we agreed to arbitration and were suppose to go tomorrow, when all the sudden we received a letter of notice,from the attorney that we are in arbitration with, saying that she has rescheduled per her agreement with Mr.X, the arbitrator. This was one of the many reasons we fired her, continuance after continuance...
We were under the impression that you could not talk with the arbitrator before the "hearing"...What can we do now? I am furious that she is dragging this out.
State of California
Thanks
My response:
Yes, a party can ask the arbitrator for a continuance.
The arbitrator is required to schedule the arbitration hearing so as to be completed between 35 and 90 days after he or she is appointed, including any time due to continuances granted under Calif. Rules of Court (CRC) 1607.
For purposes of this requirement, a hearing is completed on filing of the arbitrator’s award with the clerk pursuant to CRC 1615(b). [CRC 1611] The arbitrator must give the parties and the administrator written notice of the hearing date, time, and place at least 30 days before the hearing and within 15 days after being appointed. [CRC 1605(a), 1611]
The hearing date may be postponed by a stipulation of the parties and the arbitrator, with notice to the arbitration administrator. An arbitrator must consent to a request for a continuance if it appears that good cause exists. [CRC 1607(a)] If an arbitrator declines to give consent to a continuance, the court may grant a continuance on motion of a party. [CRC 1607(b)] The arbitration hearing cannot be postponed to a date more than 90 days after the arbitrator is appointed, except by order of the court. [CRC 1607(c)]
If the hearing is not conducted within 60 days of the appointment, or is postponed, the case may be returned to the arbitration hearing list and the administrator may appoint another arbitrator. If the case returns for reassignment twice, the administrator must certify the case to the court. The court can reassign the case, remove it from arbitration, or make any other order to expedite the disposition of the action. [CRC 1605(b) and (c)]
Good luck.
IAAL
