Arbitration Overview - Claims of $75,000 & Over

BINDING: Arbitration is a private process that results in a binding decision, called an award. Arbitration is primarily used in business and commercial disputes, and also family matters. Arbitration is not the venue for criminal cases. Parties generally agree on the qualifications of the arbitrator , or the court may appoint an arbitrator to hear a case. Many arbitrators are selected based on their expert knowledge and experience within an industry; others are chosen for their understanding of the legal process, such as former administrative law judges or seasoned, reputable attorneys.
ARBITRATOR’S ROLE: An arbitrator is a private judge; a finder of fact in a hearing of equity. It is common to have either a single arbitrator or a panel of three arbitrators. The arbitrator must be neutral in the dispute and disclose any and all conflicts or potential conflicts of interest. Parties may not contact or communicate with the arbitrator outside the presence of all parties to the dispute. Private communications, called ex parte communications, are forbidden to preserve neutrality and ensure fairness of the process. For this reason, claimants must choose a forum to administrator the case, rather than contacting an arbitrator directly. CoMA’s case administrator can be contacted via email admin@coma.com or by phone 303-864-9674.

RULES: The Arbitration Process is governed by rules of procedure published by Dispute Resolution Forums or Tribunals. When a contract provides that any disputes will be settled by binding arbitration using the rules of, for example, the American Arbitration Association, the arbitrator conducts the case according to the time frames, document and exhibit provisions, hearing parameters, etc. noted in the rules. Any arbitrator may use any rules that a contract calls for or that the parties unanimously agree to.

SIZE OF CLAIM DETERMINES PROCEDURE: CoMA’s rules provide that larger claims to be heard in a more formal manner than smaller claims. Smaller claims, identified as $74,999 & less, are administered under Expedited Rules, providing reduced cost and compressed time frames for the benefit of the parties.