Q: Our Contract says that if any dispute it goes to Arbitration. Despite written requests customer continues to go legal
We notified him in writing and we had our manufacturer inspect roof. The customer reroofed it and his attorney is sending us a request for payment.
A: It is not possible to be specific without seeing the actual contract terms. Generally, arbitration clauses only govern the filing of an action, not pre-filing communications or actions. If the other party files a court action, you can compel arbitration, or you can initiate arbitration yourself right now.
A: I agree with Mr. Dorfman's comments. To stop the useless back and forth, you may compel him to arbitrate if your contract says you must. Courts favor Alternate Dispute Resolution (ADR) and would interpret the contract to assure that arbitration occurs. You may contact an individual arbitrator by searching online. Some are independent, or belong to a group. Look over the bios of several and select two or three that you think are knowledgeable and compatible. Call a couple and talk to the arbitrator's administrator. They probably have a demand form you can send to your adversary. If they do not respond within a specified time period, you may have a hearing with the arbitrator of your choice. His decision may be enforced by the appropriate court.
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