Shady contractor, small claims court and JAMS Mediation clause

Shady contractor, small claims court and JAMS Mediation clause

FL · Member since 2015 · 25 posts · 5 votes

Has anyone had experience with the JAMS mediation and arbitration process? Unfortunately, I hired a shady contractor who decided to sabotage my duplex and maliciously cut electrical wiring, AC, ruined plumbing and walked off the job  after a disagreement. Needless to say, I had paid him 83% of the job. I know it's not a new story but this is someone I personally knew and had worked on a project in my home. Turns out his license expired and it wasn't even a GC license as he had indicated. Long story short, I have finally got everything taken care of and rented the place and decided to take him to small claims court to see if I could recoup some losses. Guy shows up in court and tells the judge that he doesn't want to do mediation provided by the court and wants to go to arbitration with JAMS per the contract. Obviously he's trying to ensure that I incur more costs or to frustrate me to abandon the lawsuit. Thoughts and ideas are greatly appreciated. Thanks in advance.

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
10y

Personally, if I were you, I'd agree to it.  Understand that mediation has no teeth, it's simply an exercise where the parties come together, and a mediator tries to get them to come to an agreement.  I never get into these fights unless I know I'm right, so I want to get to court, or binding arbitration, ASAP.  I wouldn't be concerned about the contractor having a buddy there, as I assume they are a fairly large organization.  Showing that the contractor himself vandalized your property will be hard though.  Most importantly, realize that the contract you signed frames the entire agreement between the two of you, and base your case on that.  Try to disregard what you may think is fair, and the need to "tell your story".....the contract agreement is all that matters.  Organize your timeline of events and communications clearly, in writing, so that someone could clearly see what has happened without you having to explain it.

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  • Landlord · Utica, MI · Member since 2015 · 190 posts · 99 votes
    10y

    Id try and force court mediation if at all possible. There has to be a reason why he wants to do it through JAMS. Maybe he is friends with the mediators there, maybe he knows he will get off lighter there.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    Personally, if I were you, I'd agree to it.  Understand that mediation has no teeth, it's simply an exercise where the parties come together, and a mediator tries to get them to come to an agreement.  I never get into these fights unless I know I'm right, so I want to get to court, or binding arbitration, ASAP.  I wouldn't be concerned about the contractor having a buddy there, as I assume they are a fairly large organization.  Showing that the contractor himself vandalized your property will be hard though.  Most importantly, realize that the contract you signed frames the entire agreement between the two of you, and base your case on that.  Try to disregard what you may think is fair, and the need to "tell your story".....the contract agreement is all that matters.  Organize your timeline of events and communications clearly, in writing, so that someone could clearly see what has happened without you having to explain it.

  • FL · Member since 2015 · 25 posts · 5 votes
    10y

    I borrowed a contract from another investor and it does say JAMS. I think he talked to an attorney and came with a written email which he read word for word with the aim of getting the case dismissed for lack of jurisdiction. Judge didn't buy it so she stayed the case until she hears back. So I still have a shot. 

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    Well, I'd be surprised if the judge heard the case.  The whole purpose of a contract requiring arbitration verses court proceedings, is just that.  Particularly, since You provided the contract.

  • Contractor · Los Angeles, CA · Member since 2015 · 4k+ posts · 1k+ votes
    10y
    Keep your emotions out of the case, what you can prove is all that matters, pictures, times, events, etc. How much are you claiming for?
  • FL · Member since 2015 · 25 posts · 5 votes
    10y

    @Manolo D.I started with the maximum which is $5K for small claims court as I didn't want to incur the attorney expenditure. However, I have incurred $15K+ and may be better off outside of small claims court. At this juncture, I really I'm trying to figure out the best way forward...and yes, thanks for the reminder. Emotions are in check:)

  • Chris SeveneyBusiness Member
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    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    10y
    JAMS is fine as it is legitimate and used frequently. Make sure the arbitrator is selected by both parties. Absolutely get a lawyer involved and find out if the contract states losing party is responsible for other parties legal costs. If your case is as cut and dry as you say it is then an arbitrator may award you legal fees. Of course getting a decision and getting your money are two completely different things unfortunately.
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  • FL · Member since 2015 · 25 posts · 5 votes
    10y

    @Chris SeveneyThank you. I appreciate your input.

  • Attorney · Attleboro, MA · Member since 2015 · 414 posts · 165 votes
    10y

    You definitely want to talk to an attorney about your options. You might be able to stay the court case while you mediate. If you are awarded money in the mediation and he doesn't pay anyway you may be back in court to collect the amount you are owed an can just present the arbitration award as evidence of what you are owed.

  • FL · Member since 2015 · 25 posts · 5 votes
    10y

    @Douglas Snook Thank you. I appreciate your input.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    The mediation will not be binding, the mediator will not be making any judgments/decisions.

  • Investor · Daphne, AL · Member since 2014 · 1k+ posts · 242 votes
    10y
    Legal question. Consult your lawyer. Good luck.
  • FL · Member since 2015 · 25 posts · 5 votes
    10y

    Thank you everyone for your input. I will be consulting an attorney this week and making a decision. @Al Wilson@Wayne Brooks@Dave Bingham

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