FORUM Arbitration Rights
The National Arbitration Forum has a document called the "Arbitration Bill of Rights". A summary of the rights is reprinted below, with permission from the National Arbitration Forum.
Arbitration Rights
The National Arbitration Forum (FORUM) believes arbitration must be based on the rules of law, applied consistently, under the Code of Procedure and applicable law. The Code must also be applied fairly. To that end, we commit to administering arbitration according to these twelve principles:
- Fundamentally Fair Process. All parties in an arbitration are entitled to fundamental fairness.
- Access to Information. Information about arbitration should be reasonably accessible before the parties commit to an arbitration contract.
- Competent and Impartial Arbitrators. The arbitrators should be both skilled and neutral.
- Independent Administration. An arbitration should be administered by someone other than the arbitrator or the parties themselves.
- Contracts for Dispute Resolution. An agreement to resolve disputes through arbitration is a contract and should conform to the legal principles of contract and applicable statutory law.
- Reasonable Cost. The cost of an arbitration should be proportionate to the claim and reasonably within the means of the parties, as required by applicable law.
- Reasonable Time Limits. A dispute should be resolved with reasonable promptness.
- Right to Representation. All parties have the right to be represented in arbitration, if they wish, for example, by an attorney or other representative.
- Settlement and Mediation. The preferable process is for the parties themselves to resolve the dispute.
- Hearings. Hearings should be convenient, efficient, and fair for all.
- Reasonable Discovery. The parties should have access to the information they need to make a reasonable presentation of their case to the arbitrator.
- Awards and Remedies. The remedies resulting from an arbitration must conform to the law.
This is a summary of the National Arbitration Forum Arbitration Bill of Rights available at www.adrforum.com. It does not substitute for reading and understanding the Code of Procedure (the rules of the National Arbitration Forum).