Shady contractor, small claims court and JAMS Mediation clause

[Rose Kabu]

Has anyone had experience with the JAMS mediation and arbitration process? Unfortunately, I hired a shady contractor who decided to sabotage my duplex and maliciously cut electrical wiring, AC, ruined plumbing and walked off the job  after a disagreement. Needless to say, I had paid him 83% of the job. I know it's not a new story but this is someone I personally knew and had worked on a project in my home. Turns out his license expired and it wasn't even a GC license as he had indicated. Long story short, I have finally got everything taken care of and rented the place and decided to take him to small claims court to see if I could recoup some losses. Guy shows up in court and tells the judge that he doesn't want to do mediation provided by the court and wants to go to arbitration with JAMS per the contract. Obviously he's trying to ensure that I incur more costs or to frustrate me to abandon the lawsuit. Thoughts and ideas are greatly appreciated. Thanks in advance.

[Wayne Brooks]

Personally, if I were you, I'd agree to it.  Understand that mediation has no teeth, it's simply an exercise where the parties come together, and a mediator tries to get them to come to an agreement.  I never get into these fights unless I know I'm right, so I want to get to court, or binding arbitration, ASAP.  I wouldn't be concerned about the contractor having a buddy there, as I assume they are a fairly large organization.  Showing that the contractor himself vandalized your property will be hard though.  Most importantly, realize that the contract you signed frames the entire agreement between the two of you, and base your case on that.  Try to disregard what you may think is fair, and the need to "tell your story".....the contract agreement is all that matters.  Organize your timeline of events and communications clearly, in writing, so that someone could clearly see what has happened without you having to explain it.