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.
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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.
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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.
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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.
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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.
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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.
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The parties are asked to
review the statement, and confirm its content.
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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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