Are you new to Arbitration?


It can be kind of scary and intimidating when you are in an arena where you are not familiar with the rules, and you don't really know what to expect. Here at the SAA, it is our job to make this experiennce as peaceful, as reasonable, and as comfortable as possible for all parties.

The first thing you'll notice is that attorneys are not permitted to speak on behalf of their clients. Usually when you are in a courtroom the attorney does all the talking, that's not the case with arbitration, the attorney is only there to advise.

With this particular process the arbitrator is not so much concerned with the letter of the law, then they are with the letter of the contract. If a contract does not exist then the letter of the law holds sway. If a contract does exist, the intentions of the contract is the law! Do you see it's not complicated, and if both parties come to an agreement prior to the arbitrator's decision and determination, all the better.

Mobirise
Mobirise

Mutual agreement of the parties...

All our arbitrations are done by mutual agreement of the parties, co that the party is not harmed. You must have access to the Internet, at speeds capable of handling video conference calls, as all arbitrations will be video-taped, and each party must have a camera capable computer, the environment in the background must be reflective of professionalism, no family portraits, no television in the background, no interruptions, no disturbances during the arbitration is ever permitted!

There will be an independent moderator who will announce the parties, the beginning of the proceedings, and who will control the microphone. The party whose name first appears in the contract will be the first party to speak, if that party is not present, the arbitrator will document the record indicating that the parties were served notification of the arbitration hearing date, then the present party must produce proof that the other party was notified, and that a binding contract exists. The Arbitrator will than speak on the record and specifically document the time, and that the non-appearing parties name had been called at least three times, that there is no appearance on the record of the nonappearing party, and that the appearing party is present and ready to give testimony. 

01.

The appearing party who may not be represented...

The appearing parties shall then state their name, their address, their age, and their state issued ID number, they will then provide a copy of their state issued ID number holding it up to the screen of the video conference for documentation of their identity. The arbitrator will then ask the appearing party who may not be represented by a representative to speak on their behalf, to provide the portion of the contract which shows the agreement of the parties to consent to the binding arbitration, as well as the clause or terms of the contract stipulating the consequences of failure to meet the obligations of the agreement/contract.

02.

Ruling and decision based on the terms of the contract...

The arbitrator will then make a finding based on the facts presented during the hearing, documenting the date, the time, the parties present, and the ruling of the arbitrator. The arbitrator will then place their ruling and decision based on the terms of the contract in writing highlighting the facts, the findings, and the basis for such decision within such ruling and list the award as stipulated in the contract to be issued to the party due redress based on those findings.

03.

The terms of the binding obligation/contract


If the opposing party does appear, then the arbitrator will follow the procedures as outlined here as if the opposing party had appeared, and they will state their claim respecting the binding obligation, and as to whether or not they have held their end of the obligation according to the terms of the binding obligation/contract. 

04.

The arbitrator shall take no sides...

The arbitrator will not permit the parties to speak directly to one another, all questions will be directed to the arbitrator by one party to another, the arbitrator will address the opposing parties specifically and directly by name, the arbitrator shall take no sides, the arbitration is to be done fairly, without bias, without consideration of person, age, sex, appearance, religion, political affiliation, and or argument, attitude, disposition, and decisions are to be administered impartially, based on facts presented, not opinion, not judgment, not rationale, but based on the terms of the contract!

BINDING ARBITRATION

Issuing an award:

The arbitration awarded by the arbitrator shall be binding on all parties, and if the arbitrator deems the award amount to be excessive, the parties agree that the arbitrator can reduce the award amount to a reasonable amount, and that cannot be overturned by any party or anybody and/or objected to at any time!