The rules on this page are general and intended to give a quick overview. They do NOT take precedence over the contract language. Our contract
is the final binding authority.
No attorney is allowed to represent any party (only Principals can initiate or defend a claim)
Mediation is required before any binding arbitration hearing (let's try nice first)
Any party refusing to act in good faith - loses
Any party refusing to participate or "appear" - loses
If settlement can't be reached through mediation, binding arbitration will settle the dispute.
Complaining party initiates a claim.
Responding party responds to the initial claim.
The location can be ANYWHERE. Because this action is initiated under private contract the location is immaterial. This is different than court jurisdiction, which must be based on location of the contract, breach or residence of the party(s). This is a great advantage over public courts.
The final Judgment can also be filed ANYWHERE, because that was also agreed in advance by both parties.
Because we are not limited by location, we have designed our systems to be heard remotely if required, either telephonically or by internet. The Examiner will decide the best method.
No licensed attorney is allowed to represent any party.
Corporate entities must be represented by an officer (not an attorney).
Partnerships must be represented by one of the partners (not an attorney).
Trusts must be represented by their trustee (not an attorney).
All company officers/trustees/partners must have full authority to negotiate and settle the dispute.
If there is no non-attorney officer, an attorney officer (acting as principal) can represent the corporation, partnership or trust
AND the other party can have private attorney counsel (but not representation).
"Good Faith" consists of respectfully and cooperativly, participating in the mediation and arbitration processes. "Not acting in good faith" may include actions such as name calling, swearing, negativity, disrespect, lying, making threats, refusing to timely participate, and other similar actions as determined by the Examiner.
eMediate will choose the mediator(s) and arbitrator(s) based on the case. If the case is difficult or complex, eMediate may choose to use a panel rather than a single mediator or arbitrator.
Mediation is the first step to resolution. Self-directed mediation is first attempted, using our copyrighted software to guide the process (still under development). If self-mediation fails, the claim advances to examiner assisted mediation. If that fails, or any party is dissatisfied, the claim advances to binding arbitration.
Both parties agree:
To binding aribitration according to the currrent rules of eMediate.
To provide evidence in accordance with those rules and as instructed by the Examiner.
To act in good faith.
That any final decision can be filed in any court.
FAQ (Frequently Asked Questions)