A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Settlement by agreement is the cheapest option and gives you the most control. Both mediation and arbitration are expensive, and arbitration is usually binding, so the ultimate decision is out of your control.
Necessary Elements Details of the Parties. Details of the relationship between the parties. Demand for Arbitration. The mention of agreement/contract (if any). The mention of already existing arbitration agreement between the parties pursuant to which the concerned notice of arbitration has been sent (if any).
During arbitration, you and your spouse will each state your cases, with or without legal representatives, along with evidence to support your argument. The panel of judges will listen to both sides and decide things such as asset division, spousal support, child custody and child support.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
Civil Cases Referred To Arbitration The arbitration chairperson shall fix a hearing date and time, not less than 15 nor more than 30 days after the case is assigned, and shall give written notice to the members of the panel and the parties or their counsel at least 10 days before the date set.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.
A summons with notice is a type of summons. The summons with notice is not served with the complaint. It contains all of the information described above for the summons, plus a brief description of the type of case and the relief the plaintiff is asking the court to grant.