If a plaintiff makes a motion to move a case to mandatory arbitration is there a way to keep the case from going to arbitration? The case has gone to a summary motion where there were genuine issues of fact.
Additional information
We would like a jury trial. The plaintiff is taking us to court saying a bill
is owed. At the summary hearing we pointed out that there was a line item that was in fact for another client. The judge ruled that there were genuine issues of fact and did not grant the plaintiff their motion for payment
This information is given for educational purposes only. No attorney-client relationship exists between us.
Generally, there must be an arbitration agreement in the contract that forms the basis of the law suit. If there is no such language then an order for arbitration is probably not appropriate. However, most states will send the parties to mediation where a neutral mediator will try to get both sides to re-evaluate their claims and come to a settlement if possible. If mediation fails, you can proceed to trial. Make sure you have made a jury demand to the court and paid the fee, if any.
