VirtualCourthouse Rules of Arbitration and Mediation
Contract Provisions. In the event of any dispute arising from or pertaining to the execution, construction and interpretation of this XXXXXXXX, such dispute shall be determined by binding Arbitration in accordance with the Uniform Arbitration Act of XXXXXX. If the parties cannot agree on an Arbitrator then either party may petition a Court of competent jurisdiction for the appointment of an arbitrator. The arbitrator may apportion the costs and fees, including the parties’ reasonable attorney fees associated with the arbitration in accordance with the equities of the case. Any arbitration will be administered by VirtualCourthouse.com and in accordance with the rules of VirtualCourthouse.com
Rules. The rules of arbitration or mediation are what the parties agree. The neutral will ask the parties if they have agreed upon rules. If the parties cannot agree on the rules or disagree on specific rules then the rules will be as the neutral determines appropriate for the parties,
Neutral Selection. The neutral (arbitrator, mediator) will be determined by the agreement of the parties. The parties by agreement may request VirtualCourthouse to designate a neutral. Before VirtualCourthouse designates a neutral VirtualCourthouse will consult with the parties. If the parties cannot agree then either party may petition a court of competent jurisdiction to appoint a neutral.
Case Initiation. A case will be initiated by a party filing a new case with VirtualCourthouse.com and by VirtualCourthouse.com notifying the other party or parties that the case has been started.
VirtualCourthouse follows the pattern established by the Uniform Arbitration Act (http://www.law.upenn.edu/bll/archives/ulc/uarba/arbitrat1213.htm) and the UNCITRAL draft guidelines on ODR (http://www.uncitral.org/pdf/english/commissiondocs/A_CN_9_721_draft.pdf).
The Prefatory Note to the 2000 Revision of the Uniform Arbitration Act States as Follows:
“The Uniform Arbitration Act (UAA), promulgated in 1955, has been one of the most successful Acts of the National Conference of Commissioners on Uniform State Laws. Forty-nine jurisdictions have arbitration statutes; 35 of these have adopted the UAA and 14 have adopted substantially similar legislation. A primary purpose of the 1955 Act was to insure the enforceability of agreements to arbitrate in the face of oftentimes hostile state law. That goal has been accomplished. Today arbitration is a primary mechanism favored by courts and parties to resolve disputes in many areas of the law. This growth in arbitration caused the Conference to appoint a Drafting Committee to consider revising the Act in light of the increasing use of arbitration, the greater complexity of many disputes resolved by arbitration, and the developments of the law in this area.”
For the full text of the 2000 Revision – click here
States that have adopted the Uniform Arbitration Act - click here
VirtualCourthouse regularly reviews the rules underpinning its arbitration and mediation to make sure that they reflect current best practice.