The trial court improperly allowed plaintiff to avoid arbitration under CCP 1281.98 when her employer defendant missed paying an arbitrator’s fee in a timely manner after having paid for a year in a timely manner. The reason the section did not apply was that the parties had agreed to arbitration only after suit was filed and only after weeks of negotiation among the parties. Section 1281.98 applies only to pre-dispute arbitration agreements and also only to the drafter of such an agreement. Here, the section was inapplicable both because the arbitration agreement was entered into post-dispute and because the employer was not its drafter in the sense meant by the statute.