The National Association of Certified Home Inspectors
 Alternate Dispute Resolution Service

 Independent and Objective On-Line Dispute Resolution -
 A Unique Service for NACHI Members and their Clients

 

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A Guide to On-Line Arbitration

The Agreement to Arbitrate

The most important step in initiating arbitration is the agreement to arbitrate. For a NACHI-ADRS dispute, it takes the form of a future-dispute arbitration clause in an Inspection Agreement.

The Arbitration Process  

The arbitration process is governed by its own rules, which declare the procedures, limitations, and rights of the parties involved in arbitration. NACHI ADRS schedules all timelines and communication related to the dispute. An Arbitrator is assigned by ADRS to oversee and hear a case, and coordinates the requests and submission of all documentation related to the complaint, and submitted to the service.  

During the process, both parties are each opportunity to produce evidence, witnesses, and make their arguments. The complaining party is first to make his or her presentation. Each party is then given ample opportunity to present facts, provide documentation and statements from witnesses, and argue their side of the dispute. The Arbitrator is bound to give each sufficient opportunity to present their case. Most arguments are made via on-line venue. In certain circumstances, the Arbitrator may choose to contact one or both of the Parties via telephone of other means.

 

After reviewing all facts and documentation, the Arbitrator deliberates the complaint and issues a decision in writing, which is sent to each party. The decision of the Arbitrator is final. 

 

The Arbitration process takes many factors into account. During the arbitration process, the Arbitrator may also act as Mediator, unless he feels that mediation will not be successful. A mediated solution is always preferable, as opposed to an Arbitrator's decision and award.

  1. Verification that the Inspector has the Arbitration/Mediation clause in the inspection agreement, and that the agreement has been signed by the party seeking action.
  2. Verification the Inspector is a current subscriber to NACHI ADRS. This is done by ADRS, and if there is a problem, notification will be sent to both the Inspector, and the person seeking action.
  3. Contact by ADRS to the parties involved. Once payment from the part seeking action is received, ADRS will make notifications, and will provide a list of what documents are being requested.
  4. ADRS will contact the parties, once requested documentation is received, and may ask questions, request clarification, ask if any witnesses are key to the claim, and/or request any additional documentation.
  5. Analysis of claims and facts continues after this point by ADRS. A statement of undisputed facts is assembled after this time, and conveyed to the Inspector and party seeking action.
  6. The parties are asked to review the statement, and confirm its content.
  7. The Arbitrator reaches a conclusion, and makes the decision based upon the undisputed facts, documentation submitted, and the Arbitrator's observations/experience.

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