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The wonderful world of arbitration...

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Aloha again, I have been involved in a Father/Lawyer Vs. Me (Pro Se) case involving a Non-Motor vehicle tort. It has been sent to Arbitration by court order. There are two families of Defendants, Myself, (wife & son) and another family; again, father wife and son. I have been trying like hell to follow all the correct procedures ( ie; File on time, be cool to the court clerks, etc.) As well as being prompt in returning calls to the assigned Arbitrator. The case itself has been a bust arse deal for me, but with some research and guidance (here there wherevever I can gain some knowledge)it has been in my view, going well. The basis of my defense is that I am trying to seperate my self from the other defending family. From what I have learned, I believe I am on the correct path. Not only to seperate but to also use the correct affirmitive Defenses. This is one point where I am confused. What I have is witness' that state that my son was not involved in the destruction of the Plaitiffs sons car. The ringer in this case is that the other families son is named in the Complaint as joint tortfeasor along with my son in the dest. of said car, but as the only party in Assault the Plaint. son on three other occasions after. The confusion on my part about the Affirmitive Def. is that the legal jargon is to say the least, meant to confuse and distract. So I am going with the gut feel that the arbitrator is empowered to liberally take the rules of court at his discretion to facilitate an end, the prob. with that is I am wondering if the fact that the other family cant seem to find there arse from a hole in the ground, wether it be to file ans. to Interogatories or just to sit in the pre-hearing statements without allready def. himself, and accusing the Lawyers son, etc. with all kinds of really ignorant comments. My basic questions are: 1. Is Non-binding Arbitration a plus for myself, or more so for the Plaintiff, being that he can appeal?
And 2. What are your beliefs on trying to seperate the two defending families? Is it a good idea? Bad? Who Cares? Any Opinon is better than none. 3. If I am participating in the Arb. meaningfully, and the other Def. are not, are there ways for me to seperate us entirely? Will this, if done, just prolong this stuff? 4. Thanx for any info in advance...Aloha to all out there!!!!



Yes overall you seem to be doing well. My opinion is that non-binding arbitration is good for both parties. After all, both should have the right to appeal an adverse ruling. If per your state rules you don't have the right to appeal, then oh well.

Next, you are taking the right steps to separate yourself from the other family of defendants. That is good since neither you as an individual defendant, nor your wife and or son wants to pay any money to the plaintiffs. The best way to separate yourselves is to mount a proper defense as you apparently are doing.

You have discovered that in order to mount a proper defense, you have to comply with all applicable state and local procedural rules. Then and only then can you get into the meat of the defense. So there is a lot to the practice of law.

The bottom line is that the more you defend yourself and your family like an attorney, the more you will be looked on favorably by the arbitrator. The reason is that you are less of a hassle to him/her then the other defendants. The arbitrator will be able to count on you to work with the facts and the law, not degenerating into a rowdy defendant.

Therefore, if you also have good legal defenses and facts, then you are more likely to have a good ruling. That will have the effect of separating you and your family from the other family defendant. Right? I hlope this helps.

Mark B. Replogle


Thanks for the time spent on your opinion, I really appreciate it hope to keep the site informed as to the outcome...just gotta keep at it thanx for your time...Aloha!

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