WHAT TO DO WHEN COURT TELLS YOU TO INITIATE THE ARBITRATION....
1.) Generally, you should always argue with your MTC arbitration in court that the other guy initate the arbitration. Some judges will make them, some judges will make you.
2.) If judge tells you to initiate, DO IT! Failing to comply with court order is (usually) never a good legal strategy
. Initiating arbitration is not end of the world and in many circumstances it helps if you do the initiation!
Sometimes, like in FL, it makes sense to initate the arbitration first, then bring MTC. Sometimes judges in FL seem to not take the MTC seriously without arbitration being initiated. In WI, always bring MTC first. FL is a crazy state on arbitration waiver, so don't worry every state is Fl, but see it as a caution.
AAA will let you initiate a complaint against a company naming them as arbitration provider. http://www.adr.org/sp.asp?id=36427
However, clause needs to filter through their consumer protocol. There are approx. 600 business where the clause fails AAA protocol. This means AAA refuses to take the case if creditor refuses to amend the clause to meet AAA consumer protocol. http://searlearbitration.org/
Links to full Searle report comments on this issue. This issue can get messy and take a while.
AAA refuses to release the list of businesses with unacceptable arbitration clauses.
However, if clause survives AAA protocol review, business can counterclaim against any complaint you file on them in AAA. Meaning they could counterclaim for the debt they are suing you for. I always reccomend staying away from AAA if JAMS is an option, even though the hurdles for the clause, and consumer protocol, for the OC/debt collector are big in AAA.
However, you will be faced with situations where AAA is the only option. AAA is not the end of the world. I am finding out they can be MORE FAIR than my local court.
AAA does not hear that many debt collection arbitrations. NAF did 216,000 credit card arbitrations in 2006. AAA did about 900 consumer arbitrations in 2007. (This includes about 100 credit card issues, which were not neccessarily debt collection.) AAA also refused about 85 of those 900 cases for consumer protocol violations. So AAA is not even in same league as NAF in terms of caseload and procedures.
Please read AAA thread for more details.
JAMS doesn't do debt collection arbitration. So JDB/OC cannot initiate in JAMS. (in theory)http://www.jamsadr.com/consumer-arbitration/
Clause must also survive JAMS protocol review. If JAMS finds issues contrary to minimum standards for consumer, JAMS will also reject or demand Bank alter or waive unacceptable provisions.
Consumer initiates by filing out paperwork: http://www.jamsadr.com/arbitration-forms/
I always include a big complaint (FDCPA, state consumer law, deceptive trade practice, TCPA, etc.) against OC/debt collector, AND MAKE NO MENTION OF OC'S/DEBT COLLECTOR'S DEBT AGAINST ME THE INITIATION! This "complaint" is separate from the initiation paperwork.
Please see JAMS thread for further detail.