To file for arbitration, check if the contract allows it or obtain written consent from the other party. Find an Alternative Dispute Resolution center and fill out forms to initiate the process. Highlight advantages of arbitration over litigation to convince the other party.
The process for filing requests for arbitration depends first on whether the issue you are seeking to resolve gives you the right to unilaterally initiate arbitration proceedings. This is usually a right that is granted through a clause in the contract under which the dispute arose. If the contract does not include an arbitration clause, you must obtain the other party’s written consent to submit the matter to arbitration. After taking care of this preliminary matter, you need to find an Alternative Dispute Resolution center that offers arbitration in your jurisdiction. You can usually contact the court clerk in your jurisdiction for a list of certified arbitrators with whom you can file requests for arbitration.
The first step in filing arbitration requests is to obtain authorization to circumvent the court system and resolve the issue with the help of an arbitrator. If the contract governing the matter you are seeking to resolve does not have a provision that allows you to choose to initiate arbitration, then you should first obtain express written consent from the opposing party to refer the matter to an arbitrator. You will also need to make sure he understands that the arbitrator’s decision will be binding and may wish to obtain an agreement to split the arbitration fees equally.
If the other party is hesitant to agree to arbitration, some of the advantages of arbitration over litigation can be highlighted. First, arbitration is less expensive and time consuming than litigation. Also, because the proceedings are less formal, you generally don’t need an attorney to go through the arbitration, so you’ll save even more money on expensive attorney fees.
After obtaining the opposing party’s consent, the next step in filing arbitration requests is to locate an alternative dispute resolution center to handle cases in your jurisdiction. If there is not a particular organization specified in the agreement, you can contact the clerk of courts in your jurisdiction and he or she will provide you with a list of accredited alternative dispute resolution centers where you can submit requests for arbitration. There may be one that specializes in the type of particular dispute you are involved in.
The exact steps in filing requests for arbitration from this point forward will vary depending on which Alternative Dispute Resolution center you choose. Typically, there are special forms to fill out depending on the nature of your disagreement. You will likely need to submit these forms along with the agreement governing your situation, written consent from the opposing party if needed, as well as the applicable fee charged by the center, and you will have successfully entered the arbitration process.
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