ARBITRATION

Once a dispute has matured to where an arbitration clause will be invoked, the participant’s consultants or legal counsel will then issue a demand for arbitration. Once an arbitration demand has been served and accepted by the other party, the choice of an arbitrator begins. It is often more efficient for a Complaint to be served with the demand, and acceptance be served with an Answer.

Condo Court. Neutral, and Fair.

When selected as an arbitrator for a dispute, a Condo Court arbitrator will hold a conference call with the representatives, or parties themselves to hammer out the Arbitration Agreement. This agreement sets some of the basic rules for Times, Locations etc, as well as some procedural rules, such as Discovery, Evidence submission etc.

Further at this point Condo Court will outline its costs, and expect a 50% deposit on anticipated costs, prior to moving forward.

Pre-Hearing.

Condo Court will hold a pre-hearing to assess the status of Discovery requests, information disclosure, expert witness availability etc. This can be done over the phone, via email or in person.

The purpose of this pre-hearing is to ensure that the elements of the arbitration agreement are being followed, and that once the tribunal commences, it can progress with limited delay.

Tribunal.

The tribunal will commence at the time and location agreed to by both parties, unless a mutual, written and agreed modification has been submitted to the Arbitrator.

The Tribunal is a semi-formal proceeding, insofar as appropriate conduct is expected, but the specific rules of evidence are not strictly adhered too.

Objections can be made where there is cause. Each objection will be addressed in a fair manner.

The Decision.

Once the tribunal has concluded, the arbitrator will study everything presented and then give a decision. The decision may include costs, or equitable relief. If the participants would like to limit the breadth of the decision and award abilities of the Arbitrator, these limits must be established in the arbitration agreement.

Once the decision has been finalized, written, with reasons inclusive, a notice to both parties will be sent stating such. It is expected that the remaining outstanding fees for the arbitration process be submitted prior to the release of the decision. A formal decision hearing can be had, or the decision can be forwarded once remittance has been made.

For more information on how to secure the services of a Condo Court Arbitrator check out our rates or contact us here.