[jbottoms]

This was featured in an issue of Harvard Negotiation Law Review a while back. It states that (paraphrasing) that "If a party is concerned that they will suffer due to arbitration, then it can fail to pay the arbitrator. Tben the arbitrartor will report to the judge that the arbitration failed, and the judge will declare a mustrial." Note that the judge is not privy to the arbitration. Arbitration is agreed to by the parties, and then the judge orders ths parties into arbitration. IANAL