Arbitration Hearing Example In Alameda

State:
Multi-State
County:
Alameda
Control #:
US-00416-1
Format:
Word; 
Rich Text
Instant download

Description

The Arbitration Agreement for the purchase of a manufactured home in Alameda establishes a binding agreement between the Purchaser and the Retailer, ensuring that disputes related to the sale, financing, or occupancy of the home are resolved through arbitration rather than litigation. This document serves as an inducement for the associated sales contract and complies with the Federal Arbitration Act. Key features include the arbitration process administered by the American Arbitration Association, the requirement for a written notice to initiate arbitration, and stipulations regarding the selection of arbitrators based on the claim amount. For claims under $20,000, a single arbitrator is used, while claims over that amount involve a panel of three arbitrators. This agreement's enforcement and any challenges are managed by the arbitrators. Additionally, parties waive their right to a jury trial, and arbitration will take place in the county of sale, ensuring clarity in the proceedings. The utility of the form extends to various legal professionals -- including attorneys, paralegals, and associates -- aiding them in advising clients about arbitration processes, ensuring compliance with relevant regulations, and effectively managing dispute resolution.
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FAQ

Hearing Stage: During this stage, the parties present their case to the arbitrator. This process can take place in person, over the telephone, or by the parties submitting written documents. The parties' arbitration agreement and the applicable Rules that govern the case will dictate the process.

Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings.

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.

If the parties have previously executed a contract, which calls for arbitration by AAMS in the event of a dispute, one party may initiate the arbitration process by filling a demand for arbitration. The other party may, but is not required to, file a response.

Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.

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.

An arbitration hearing is conducted by a panel of 3 arbitrators and is similar to a bench trial. At the arbitration hearing, the panel will listen to the facts, evidence, and law and at the end of the hearing will deliberate on an award.

Arbitrators, mediators, and conciliators typically need at least a bachelor's degree and related experience to enter the occupation. They learn their skills through a combination of education, training, and work experience.

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Arbitration Hearing Example In Alameda