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Frequently Asked Questions

A way of resolving disagreements that is quicker, easier and less costly than traditional litigation. With arbitration, each party gives their reasons for why they are seeking money from another person/company and the other party(s) explains why they don't owe the money or are also owed money. The party who starts the arbitration is known as the Applicant. This party can be seeking money from more than one party as long as the money being sought arises out of the same accident or contract. The other party(s) is known as the Respondent(s). The Respondent(s) then explains why they don't owe the Applicant any money or why the Applicant owes them money. A neutral third party called the Arbitrator ultimately decides the matter. With ARS, our Arbitrators are always experienced litigation attorneys who know the law and how it applies to your situation.
There is a full fee schedule on the ARS website, which lists the fees that must be paid before a matter is referred to an Arbitrator. The fees are usually less than it would be to file and pursue a lawsuit. There are no fees other than those listed in the Fee Section.
When the parties submit the Application and Response(s), they will have the opportunity to submit any evidence (proof) which supports their position. The claim is then assigned to an Arbitrator. Where permitted by ARS rules, the parties can request a telephonic hearing. If such a hearing is requested, the Arbitrator will make their decision after the hearing. If no telephonic hearing is requested a decision will be made based on the Application and Response(s) along with the evidence that has been submitted.
Evidence is things or people that you can use to prove your claim or to show that the other party's position is wrong. The type of evidence can vary depending on the nature of the dispute. For claims that arise out of contracts for example, evidence must include a copy of the agreement in addition to witness statements, photographs, written documents showing the basis for the amount of money being sought in the Application or Counterclaim.
ARS Arbitrators are experienced litigation attorneys selected based upon their years of experience in various areas of the law. Before they are added to our panel of arbitrators, each potential Arbitrator is interviewed and their qualifications are verified. Once placed on the panel they will only be assigned cases where their background shows a high level of expertise. Our computer randomly assigns cases to Arbitrators based on their strongest areas of knowledge. Before a matter is assigned to an Arbitrator, ARS also conducts a conflict check to make sure that the Arbitrator has no connection to the parties to ensure their neutrality.
ARS rules provide that if a party fails to pay as required by a decision (also know as an award) then the party who was not paid must notify ARS as noted in the rules. Once the non-paying party is prompted for payment by ARS and still fails to pay the award, the award may be converted to judgment and then enforced. In that situation, the award against the non-paying party will be increased, as provided in ARS rules, to cover the expenses incurred by the party who was not paid in converting the award to a judgment.
After introductions are made, the Arbitrator (who will have already reviewed the file containing each party's side of the matter) will start by giving their initial thoughts as to what they believe to be the facts. If they have any questions about the facts, they will ask questions of one or all of the parties so that they can understand the facts more clearly. Then the Applicant and Respondent(s) will have the chance to explain why each believes the Arbitrator's view of the facts is correct or not. After the parties are finished, the Arbitrator will give the parties the chance, if they want to, to discuss the dispute between themselves for a few minutes to see if they can settle the claim. If they can't, the Arbitrator will then end the hearing. Within sixty (60) days the Arbitrator will render a decision and the parties notified.
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