How to draft a contract between two parties: A step-by-step checklist Know your parties. Agree on the terms. Set clear boundaries. Spell out the consequences. Specify how you will resolve disputes. Cover confidentiality. Check the legality of the contract. Open it up to negotiation.
A “submission agreement” (also called an “agreement to arbitrate”) is a written agreement between two parties that establishes the use of arbitration to settle a dispute (or any and all disputes) that may arise between them.
As impartial third parties, they hear and decide disputes between opposing parties. Arbitrators may work alone or on a panel with other arbitrators. In some cases, arbitrators may decide procedural issues, such as what evidence may be submitted and when hearings will be held.
The Statement of Claim is a document you compose that provides the following: Name(s) of the claimant(s) — who is filing the claim. Name(s) of the respondent(s) — whom the claim is against. Details of the dispute.
Unlike an arbitrator, a mediator has no power to decide a dispute. Rather, the mediator's role is to facilitate conversations between the parties to help them come to a resolution.
What does a FINRA arbitrator do? Arbitrators serve as dispute decision makers. They hear all sides of the case, study the evidence and render a final and binding decision. Arbitrators may serve as the sole arbitrator or as a member of a three-person arbitration panel.
An arbitrator plays the role of a neutral person, who makes decisions on a dispute based on evidence presented by the parties. The decision the arbitrator makes is not always legally binding, but if it is, individuals and/or businesses are not able to go to court later if they do not agree with the outcome.
We noted that arbitration clauses are made before any dispute arises. Submission agreements, however, are agreements to arbitrate made after the dispute has arisen.
Write the contract in six steps Start with a contract template. Open with the basic information. Describe in detail what you have agreed to. Include a description of how the contract will be ended. Write into the contract which laws apply and how disputes will be resolved. Include space for signatures.