About Arbitration at AMCC

As a method of resolving disputes, Arbitration has been used for centuries. In some ways procedurally similar to a court-based trial, the Arbitration process involves the presentation of evidence to one or more decision-makers, here arbitrators, who render their decision in the form of an award. These are the basic components that are required to create a process known as Arbitration. In addition, there are State and Federal laws that govern many aspects of the arbitration process including its applicability, procedures, and compatibility with the formal court system. Beyond these basics however, arbitration is a much more flexible and varied process.

Normally a by-product of a contractual relationship, arbitration allows for the third-party decision making process to be custom tailored to meet the anticipated needs of the parties to any foreseeable dispute. The parties are free to agree upon a set of procedural rules to be followed or even create their own. Parties can agree upon an endless set of criteria such as timeframes, venue and choice of arbitrator. Even where no contractual relationship exists, the parties are free to mutually agree to utilize arbitration as a dispute resolution mechanism to resolve their dispute.

The benefits of arbitration are numerous. The process is usually far more efficient and economical than a court trial. The parties are free to tailor the process to what is needed, whether that is a limitation of discovery to shortened time frames. The hearings take place in a private setting, allowing for an expedient process in a comfortable atmosphere. Binding arbitration is also final; meaning that the process will not drag on through the time and expense of the appeals process. Most importantly, the parties can choose their own arbitrator, giving them every opportunity to choose a decision maker that is knowledgeable and best suited to render an appropriate decision.

As administrators, it is the role of AMCC to facilitate and provide a fair and unbiased process for the parties. We provide all of the administrative support necessary to efficiently guide the process, from scheduling to sending out notices to providing hearing facilities. Our greatest value, however, is the roster of the highest quality panel of arbitrators available. All of our arbitrators have extensive experience in their field and have had numerous hours of procedural training to complement their many years as practicing neutrals. Case Managers and Arbitrators work closely together to assure that the arbitration adheres to the procedural rules agreed upon by the parties, and if no such agreement exists, then adherence to the applicable State and Federal laws governing the process.

Arbitration is most appropriate where:

• A dispute has a particularly high dollar value;
• One or both sides refuse to consider settlement;
• The parties wish to avoid the time and expense of trial;
• The cost of a trial is disproportionate to the amount at stake;
• The case is highly technical or requires specific expertise on the part of the decision maker;
• Confidentiality of records or of the dispute is desired;
• There is a contractual obligation to resolve the dispute through arbitration.

AMCC does not publish its own set of rules in an effort to provide for the most flexibility to the parties, rather it has comprehensive guidelines the parties can utilize as a resource. AMCC can also administer under any set of previously agreed to rules, including AAA Complex or Fast Track Rules. Where no rule set has been agreed upon by the parties, AMCC will administer Arbitrations pursuant to the California Arbitration Act, California Code of Civil Procedure §§ et. seq. subject to pre-emption by the Federal Arbitration Act (FAA). In California, Insurance Code 2071 appraisals are treated as a form of Arbitration, and are therefore subject to these guidelines.

For more information about Arbitration, contact us at (800) 645-4874.

Arbitration Process and Guidelines

Arbitration Checklist