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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What to Expect After Your Claim is Filed

 

The arbitrator/mediator will explain the purpose of the discovery phase to the parties, including what information will be needed. A schedule shall be established for the timely production of said documentation, the identification of any witnesses to be called, and a schedule for further evidentiary milestones needed to resolve the dispute.

The Claimant shall produce an outline of his/her claim, along with what the goal of any proceedings are.

Claimant and Respondent shall prepare written statements as to the subject of the dispute, in a brief format. They shall also prepare a statement as to  what issues are expected to be resolved, and shall include any other brief comments which will assist the arbitrator/mediator to understand the issues in dispute.

Claimant and Respondent shall prepare a written statement as to the proposed monetary value of the Claim and Counterclaim. Justification for the amounts shall be included. Said amounts shall not include punitive damages. 

Statement of Uncontested Facts.  Whichever facts the parties can agree to, shall be noted and prepared by the arbitrator/mediator.

Exchanging of Information and a Schedule for the Exchange (Including Reports from Experts) The Claimant and Respondent shall be required to cooperate in committing to, conducting, and completing an exchange of information concerning their documents and witnesses. If they do not agree to exchange particular information, the arbitrator/mediator shall hear the disagreement and make a ruling on the issue. When the information to be exchanged has been specified, a schedule shall be established for the exchange of said documentation and information.

Lists of Witnesses with Outlines of Testimony (Including Biographies of Expert Witnesses). Claimants and Respondents shall be required to provide each other (and the arbitrator/mediator) with lists of intended witnesses and the nature of the evidence that will be presented to ADRS. A summary by name for each witness, with the subject matter of the anticipated testimony of each, should also be submitted.

Be aware that Arbitrators/Mediators may proceed even in the absence of a party, if proper notice of the proceeding was given. This does not mean, of course, that the absent party will lose the case by default. The other party must still produce proof to support the claim and you may not find in favor of the claimant solely by reason of the Respondent's failure to appear.

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