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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118649
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Last 8 months we have been defending a case that was

Customer Question

for the last 8 months we have been defending a case that was sent to Arbitration. 8 motions we're filed and served to the Arbitrator for ruling and he didn't respond to any of them. They say because he is a retired Judge he doesn't have to respond, rule or answer because he "walks on water"! I say BS and he is responsible to rule on issues directly affecting my case discovery, and any other motions filed affecting my case.
Is this true...he is responsible to nobody?
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you the information you are seeking for educational purposes only.
Actually, arbitration is not like the court process. Arbitration has its own set of rules and MI law even says in the MI Arbitration Act MCL(###) ###-####Arbitration process, in pertinent part:
Sec. 15.
(1) An arbitrator may conduct an arbitration in the manner that the arbitrator considers appropriate
for a fair and expeditious disposition of the proceeding. The authority conferred on the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of any evidence.
So, while you are saying that he must rule on your motions, he does not have to do so and can rule on everything at one time if he chooses. The arbitrator decides how to deal with and conduct the proceeding himself.
This is so very unlike court and the reason many attorneys like to avoid arbitration as well, because the arbitrator makes the rules of their arbitration.