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Before or after the filing of the respondents' answer to the petition, any party may request that the arbitrator refer the case to mediation.
The motion would be a motion for lack of subject matter jurisdiction. Such a motion would be required to be made before the filing of the answer, here is the text of the rule:
(2) The service of any motion under these rules does not alter the period of time in which to file an answer, except that service of a motion in opposition to the petition postpones the time for filing of the answer until 20 days after the arbitrator’s ruling on the motion. The following defenses shall be made by motion in opposition to the petition: (a) Lack of jurisdiction over the subject matter, (b) Lack of jurisdiction over the person, (c) Insufficiency of process, (d) Insufficiency of service of process, (e) Failure to state a cause of action, and (f) Failure to join indispensable parties. A motion making any of these defenses shall be made before the filing of the answer. The grounds on which any of the enumerated defenses are based and the substantial matters of law intended to be argued shall be stated specifically and with particularity in the responsive pleading or motion. Any ground not stated in the motion shall be deemed to be waived except any ground showing that the division lacks jurisdiction of the subject matter may be made at any time.
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