A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
There are typically seven stages of the arbitration process: Claimant Files a Claim. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery. Parties Attend Hearings. Arbitrators Deliberate and Render Award.
Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.
The statement to the Arbitration Committee is the only opportunity you have to make your case for the credit you are seeking. Much like the opening statement in a trial, your arbitration statement should lay out what the “evidence” – the written material – will show regarding the proper credit on the project.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
Benefits of arbitration This means that arbitrations lead to final outcomes that allow parties to move forward, while also avoiding the public scrutiny that can accompany a court trial. In addition, arbitration allows for more creative rulings than civil courts can issue.
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.
The arbitrator will explain the process. Each side may present an uninterrupted opening statement setting forth its position as to the facts and the law. After opening statements, the parties present their evidence and witnesses. The arbitrator swears in the witnesses and makes rulings on the admissibility of evidence.
Mediation does not impose a solution and it is not binding until the parties reach and sign a settlement agreement. If a settlement cannot be reached, the parties are welcome to continue with the arbitration process. Unlike an arbitrator, a mediator has no power to decide a dispute.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.