Re: small claim filing

You can, but the judge will likely send it off to arbitration if the other side requests this. It makes no sense to me to pay for an arbitrator (anywhere from $200 to $600 per hour) for a small claims matter. You have to hope that the other side feels the same way.

Re: small claim filing

Yes. The person sued can, however, raise the arbitration clause as a defense. There is a possibility that the defendant may prefer to waive the arbitration clause and have the small claims court decide the matter, since that may be cheaper and faster.

Showing up and defending, and failing to raise the arbitration clause as a defense, would constitute a waiver of the right to arbitration.

Re: small claim filing

Yes. But by filing the lawsuit , you will have been deemed to have "waived" your contractual right to arbitration. The other side has the option to either (1) proceed with the defense of case in civil court [at which time, he will likewise waived his arbitration right; or (2) move to compel the matter to arbitration. If the amount is within the jurisdiction of a small claims action, it is likely more cost-effective to have your 20 minutes in front of a small claims judge and be done with it.

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