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I had an arbitration case that took 4 years and cost ...
Sent to Legal Experts November 23 11:10 AM

I had an arbitration case that took 4 years and cost over $80,000 in legal fees for both parties fora $9,400 lien       I feel that I was misled into arbitration by the state of Oregon to save "time and money" on litigation is this proper way for Marion County to conduct an arbitration?

 

Optional Information:
Salem, Oregon

Already Tried:
Satisfaction of lien recorded with Marion County but prevailing party's attorney not paid and has placed attorney's lien on aforementioned judgment

Customer (name blocked for privacy)
Reply
November 23 11:42 AM (10 minutes and 54 seconds later)
         
I'm not sure court ordered or contractual. I know that once the case was filed, we were reuired to go through Lynda Olsen, arbitration coordinator and the arbitration board was staffed with contrator's. Since this was over 4 year ago, my ex-wife handled the case and I have moved it is hard to remember, but I bleive that it was contratual arbitration.
Reply
November 23 11:53 AM (8 minutes and 1 second later)
         
I believe that is correct, I know that oncew we filed the case, we were sent to arbitration immediately.
Answer
November 23 12:03 PM (9 minutes and 48 seconds later)
         
ACCEPTEDCheck Mark
From the facts that you described, this was a terrible outcome with exorbitant legal fees. The county must be informed that $80,000.00 was spent in fees to resolve a $9000.00 matter. Arbitration is designed as a quick, low-cost way to resolve a dispute before the time-consuming and expensive option of litigation. In your case, apparently, the opposite result occurred. This is not the way arbitration is designed.

If your unsaid question is whether you can sue the county for the arbitration process, my answer is "no". There is judicial immunity in my opinion in this situation.

I am sorry that your experience was so negative.

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Reply
November 23 12:15 PM (11 minutes and 51 seconds later)
         
Thank you for your answer, is judicial immunity an answer or should I just let this case go? Under the arbitrator's award, they checked breach of contract, prevailing party's fees, but not "reasonable" attorney fees. I have done what the arbitrator's ruling was and a satisfaction of lien was recorded 10/29/07. Why has the prevailing attorney filed an attorney lien based on ORS 87.445 for $40,000 when a satisfaction has been recorded? Also, the arbitrators did not check the box for "reasonable" attorney fees as an award--even if how is $40,000 reasonable for a $9,400 lien? Does this attorney's lien have any validity?
Answer
November 23 12:20 PM (4 minutes and 50 seconds later)
         
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