This arbitration agreement is executed contemporaneously with, and as an Inducement and consideration for, an Installment or sales contract for the purchase of a manufactured home. It provides that all claims or disputes arising out of or relating in any way to the sale, purchase, or occupancy of manufactured home resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. This Agreement is an election to resolve claims, disputes, and controversies by arbitration rather than the judicial process. The parties waive any right to a court trial.
Arbitration Forums Rules In Maricopa
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Multi-State
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Maricopa
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US-00416-1
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Word;
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FAQ
Many arbitration clauses work in favor of a large employer or manufacturer when challenged by an employee or consumer who does not understand how arbitration works. Although generally the arbitrator is required to follow the law, the standards used are not clear.
The arbitrator listens to both sides, looks at the evidence you've sent in and decides what the outcome should be. In some cases, the arbitrator may choose to have several meetings with you both. When the arbitrator makes a decision, this is called an award and it's legally binding.
Founded by the insurance industry in 1943, Arbitration Forums (AF) is a membership-driven, not-for-profit organization that exists to effectively and efficiently serve its over 5,100 members' recovery and resolution needs. AF is the nation's largest arbitration and subrogation services provider.
In most cases, the party that started the arbitration initially by filing a claim will present their case first and the opposing party will then have an opportunity to present their defense, but the arbitrator will ultimately decide the order.
Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.
Compulsory Arbitration is a mandatory program for disputes valued under $50,000. A court-appointed arbitrator reviews the case to decide a just resolution and award.
Rule 72 - Notice to Clients, Adverse Parties and Other Counsel (a)Recipients of Notice; Contents.
Consumers are more likely to win in arbitration than in court. This research from ndp | analytics demonstrates that in disputes initiated by a consumer, consumers fare much better in arbitration than they do in litigation.
After drafting the Motion to Compel Arbitration, you'll need to file it with the court clerk. You can do this in person or let an attorney do it for you if you have one. Filing requirements vary from one court to another; you need to consult with the court clerk about local rules for filing that apply to your case.