# Consumer pursuing Arbitration against service provider **URL:** \ **Category:** Factual Questions\ **Created:** [March 13, 2008, 3:39am UTC](https://boards.straightdope.com/t/consumer-pursuing-arbitration-against-service-provider/441215 "2008-03-13T03:39:13Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![whatami](https://avatars.discourse-cdn.com/v4/letter/w/85f322/32.png) [@whatami](https://boards.straightdope.com/u/whatami)\ **Post date:** [March 13, 2008, 3:39am UTC](https://boards.straightdope.com/t/consumer-pursuing-arbitration-against-service-provider/441215/1 "2008-03-13T03:39:13Z")
I have an acquaintance who is hell bent on going to arbitration with a satellite television service provider. Part of the customer agreement says he has to give them a 60 day notice so they can try to solve the claim informally. If they don’t give him what he wants, he’s claiming he’s going to begin the actual arbitration and represent himself. Now, I know everyone says that you should never represent yourself in a court, does the same thing apply to arbitration? What should he expect to happen in an arbitration proceeding (it’s JAMS, if that matters)? The customer agreement states that he will pay the amount it would cost to file a suit in the correct jurisdiction, or $125 whichever is less. It also says that other fees, including legal fees, will be paid in accordance with JAMS rules. Does that mean he could end up paying their legal fees? I can’t believe that he would go to all this time and trouble. I told him not to do it and just bug the crap out of them to try and get them to do what he wants, but he wants to follow the subscriber agreement… \*The whole thing started because he feels they extended his two year commitment when shouldn’t have (he says the person he talked to said they wouldn’t. There isn’t even any money involved yet, and only would be if he canceled his service before the contract was up. (then there is an early cancellation fee) ---
**Author:** ![whatami](https://avatars.discourse-cdn.com/v4/letter/w/85f322/32.png) [@whatami](https://boards.straightdope.com/u/whatami)\ **Post date:** [March 13, 2008, 5:19pm UTC](https://boards.straightdope.com/t/consumer-pursuing-arbitration-against-service-provider/441215/2 "2008-03-13T17:19:28Z")
Quick check to see if any of the day dopers have any experience/ideas on this… ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [March 13, 2008, 5:56pm UTC](https://boards.straightdope.com/t/consumer-pursuing-arbitration-against-service-provider/441215/3 "2008-03-13T17:56:16Z")
The customer agreement states that he will pay the amount it would cost to file a suit in the correct jurisdiction, or $125 whichever is less. It also says that other fees, including legal fees, will be paid in accordance with JAMS rules. Does that mean he could end up paying their legal fees? > [@](#): > > 7 With respect to the cost of the arbitration, when a consumer initiates arbitration against the company, the only fee required to be paid by the consumer is $250, which is approximately equivalent to current Court filing fees. All other costs must be borne by the company including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. When the company is the claiming party initiating an arbitration against the consumer, the company will be required to pay all costs associated with the arbitration. > > 8 In California, the arbitration provision may not require the consumer to pay the fees and costs incurred by the opposing party if the consumer does not prevail. [http://www.jamsadr.com/rules/consumer\_min\_std.asp](http://www.jamsadr.com/rules/consumer_min_std.asp) Paragraph 8 suggests that fee-shifting provisions are permissible in states other than California. It also suggests that the answer to this question is in the customer agreement. > [@](#): > > Now, I know everyone says that you should never represent yourself in a court, does the same thing apply to arbitration? Yes. > [@](#): > > What should he expect to happen in an arbitration proceeding (it’s JAMS, if that matters)? [http://www.jamsadr.com/arbitration/defined.asp](http://www.jamsadr.com/arbitration/defined.asp)