JesseWBryant Posted February 7, 2007 Report Share Posted February 7, 2007 Do any of you have an arbitration agreement in your contracts in order to hopefully settle disputes out of court. If so, is anyone a member of and using the Better Business Bureaus arbitration service or the American Arbitration Association. Any thoughts on the arbitration process and who might be better to use would be greatly appreciated. I have an arbitration clause in my contract, but I would like to fully and completely understand the process if I'm going to have it in their. Thanks. Quote Link to comment Share on other sites More sharing options...
Chris Bernhardt Posted February 7, 2007 Report Share Posted February 7, 2007 I am a BBB member. Mediation and arbitration thru them is in my contract and I have used it twice in 8 years. I don't like paying the $400 plus dollars to be a member though I guess better that then having to send letters thru a lawyer. Chris, Oregon Quote Link to comment Share on other sites More sharing options...
kurt Posted February 7, 2007 Report Share Posted February 7, 2007 Arbitration is trial by ambush. I'd rather go to court; attorneys & judges aren't as screwed up as everyone thinks. Quote Link to comment Share on other sites More sharing options...
Les Posted February 7, 2007 Report Share Posted February 7, 2007 Mediation has merit and has been a part of my contract for several years. It is non-binding, does not take a bunch of time, gives all parties a dose of reality and is nearly universally upheld by courts as a necessary process; if all parties have agreed to it before a problem. In short, the clause ensures that a third party will look at the issue. Only had to use it one time and it worked. An arbitration clause is worthless and typically binding. See your attorney and if you do not have one at least watch Law and Order! Seriously, not having an attorney in this business is just plain foolish. Most of my legal stuff is free, so it is easy for me to say that. If you think all attys are created(out of law school) equal you're dead wrong. I know this is heresy, but I agree with Kurt M, courts are not all that bad if you pay attention before the act. Do not be intimidated and keep it factual, it ain't the place to sell yourself or engage in puffery! See your attorney - one that really has experience with our business! Oh ya - see your attorney! Quote Link to comment Share on other sites More sharing options...
carle3 Posted February 8, 2007 Report Share Posted February 8, 2007 In Wisconsin here our State inspectors association has worked the last few years to get a abritration system specific to home inspectors up and running that not only keeps cost down but also has professionals invloved as abritrators and reasearchers that have some knowledge of the inspection process. Some of the difficulties of arbritration have been that the length of time can get strung out costing everyone hunderds to thousands in expenses. We have set strict limitation to solve this. The other issue has been the arbitrator has no clue of home inspections and can return some pretty unexpected results. We are now running our arbitrators through a home inspection training course. Quote Link to comment Share on other sites More sharing options...
Bill Kibbel Posted February 8, 2007 Report Share Posted February 8, 2007 Do any of you have an arbitration agreement in your contracts in order to hopefully settle disputes out of court. Our E&O provider requires the language in our agreement. See your attorney and if you do not have one at least watch Law and Order! Boston Legal seems to be pretty close to reality (and The only TV show I watch). Quote Link to comment Share on other sites More sharing options...
Bain Posted February 8, 2007 Report Share Posted February 8, 2007 Alan Shore would definitely be a good one to have on your side. For me, however, another David E. Kelly character would probably be more appropriate. The Biscuit. Me, The Biscuit, and Barry White in court. Whoa . . . Quote Link to comment Share on other sites More sharing options...
Chris Bernhardt Posted February 8, 2007 Report Share Posted February 8, 2007 The idea of going to traditional court is scary but is full of options for both sides if you know how to take advantage of them which I don't. Having a mediation and arbritration clause does not stop the client from going right ahead and filing a claim against you. If they do and you have a signed contract with the mediation and arbitraion clause you can petition the judge to direct the contract mediation and arbitration be executed. Or if both parties are in aggrement you could go to traditional court on the matter if for some reason that is advantageous. I see it as providing options. I think in my state even without the clause it ends up in court ordered mediation and arbitration most of the time. Where it has worked for me, is the client will visit with some arm chair lawyer etc. but then when they talk to the BBB they realize that it ain't going to be so easy. Chris, Oregon Quote Link to comment Share on other sites More sharing options...
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