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Asker
Posted over 1 year ago.

The AAA is not responsible in deciding whether the other party is equally sharing or not. The amount is with in the small claims limit. I already filed the small claims and the defendant is gonna show up on the hearing date. Its an individual not as a company.

1) Can I get any sort of court paper stating that the other party should cooperate in sharing the fees?

2) Can I argue that the defendant did not invoke the arbitration provision and waited till the hearing date which suggests that he waived the arbitration. it is unfair that defendant asks arbitration after going through all of this to come to a small court hearing date.

3) The clause on a page where there is not initials/ signature. Can some one argue that it might have been altered to the defendants specific needs. And what if the clause is not the same for both the parties. How the court going to consider this.

All the defendant want is to go to AAA so that I won't apply for arbitration as it will be costly to me than my suing amount -- $2,600.00

Thanks in advance.

Edward David Smith
Edward David Smith, Contracts / Agreements Lawyer - New York, NY
Posted over 1 year ago.

If the defendant wants to go to court, then ask them to sign a paper that says that they waive the arbitration requirement and consent to the jurisdiction of the small claims court. Even better, have the same paper include an agreement to split fees.
As to your questions:
1) Unless the defendant agrees, or unless there is another term of the agreement that requires fee splitting or unless there is an applicable law that requires the loser to pay the fees, the court is not going to force the defendant to split the cost.
2) The defendant can wait to the hearing to object.
3) Do you really think that the arbitration page was altered?

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Asker
Posted over 1 year ago.

Could be to the point he is benefited as the terms 'commercial rules' and not 'employment rules', which will increase the filing fees and the plaintiff will forget proceeding with AAA.