Consumer Law, Warranties Stock Purchase Agmt vs. Addendum Prom Note

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wheniamthruwyou

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Hi,

I am having a dispute over an agreement used to purchase my former biz partners shares. The agreement has a mediation/arbitration clause. The other party breached the agreement and I am pursuing mediation/arbitration for damages. I am also going to quit paying on the note until this is resolved. Can non payment of the note be pursued in court, or does that have to abide by the master agreement and the mediation/arbitration clause? The addendum (note) is a bit ambiguous, it does mention judge vs. jury trial, but I would like to believe that since it is tied to the master agreement, the agreement rules?

If the note can be pursued in court, what is the likely response from a judge when I hold up the agreement and proof of breach and pending action?

Obviously, I don't want to continue to pay when I contend the damages are greater than the balance due and have to worry about collection should there be a judgement in my favor.

Thank you,

"When I am through with her, there won't be anything left"
 
Honestly, I'm not sure how to answer this and don't know the details of the transaction. If there is a breach and you've got an arbitration clause and you're there, what's the problem? Going to court now isn't going to move things any faster and there may also be an objection to your going to court of law if there is a mediation clause or existing mediation taking place.
 
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