Legal Question in Civil Litigation in California

I sued for breach of contract in Small Claims. Court dismissed my case and ordered binding arbitration as there was a clause in the agreement I signed providing for binding arbitration instead of court. (JAMS) I find out that the binding arbitration is very expensive. The breaching party owes me $4,500.00. The arbitration will cost that much. Is there a way to file hardship application to have the court either provide for the free arbitration or vacate their judgment and hear the case in Small claims. Especially because the defendant provided their own opportunity to sue in Small claims in the same clause.


Asked on 6/15/12, 4:37 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You don't have to use JAMS unless the court specifically ordered that. The court has a referral panel of arbitrators that charge a couple hundred dollars. Go to the court clerk and ask for the instructions on setting that up.

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Answered on 6/16/12, 12:20 pm


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