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Arbitration Process Overview

Filing and initiation

Administration of arbitration commences when one party submits a demand for arbitration, a copy of the arbitration provision and the appropriate filing fee. We will acknowledge receipt to all parties and set a 30-day deadline for the respondent to file an answer and/or counter claim.

Arbitrator selection

After the answer period, we will assist the parties in selecting an arbitrator. The parties are encouraged to agree upon the number of arbitrators and their selection. Where this is not possible, one arbitrator will be appointed, (unless the case is deemed to big or too complex, in which case three will be appointed and BCDR-AAA will appoint the arbitrators.)

Preliminary hearing

During the preliminary hearing, the arbitrator and the parties will identify the steps and actions needed to prepare the evidentiary hearing and establish a schedule for the exchange of information. The parties and arbitrator will also establish dates for the submission of final witness lists, exhibits, and any possible pre-hearing briefs, along with the dates for the evidentiary hearings.

Information exchange and preparation

Working within the timeframes set, the parties exchange information and ready their presentations; the arbitrator addresses any impasses the parties may encounter and the parties complete preparations for presenting evidence and arguments to the dispute.

Hearings

Parties present evidence and testimony to the arbitrator in a format that is similar to, but less formal than a court proceeding. The hearings conclude when the arbitrator determines that each side has had a full opportunity to present its evidence.

Post-hearing submissions

Post-hearing submissions may be required to submit additional documentary evidence that was unavailable at the hearing, to allow parties a final opportunity to argue their positions in writing or to receive briefs on a specific issue that may have come up during the hearing.

The award

The award due shall be made in writing promptly after the arbitrator closes the record and should address all claims raised in the arbitration. The award may direct one or more parties to pay another party a monetary amount or it may direct parties to take specific actions based on how the arbitrator decided the matters in the case.