ARBITRATION

This is a completely different procedure than “conciliation.” This is a quasi-judicial procedure which will end in a judgement for either the consumer or the business. The arbitrators decision is the final decision of the case. It will not be modified after it is issued. The judgment can be appealed. That appeal is brought by one of the parties, not the arbitrator or the Office.

The program which is used by the Office is a “voluntary,” “binding” arbitration. This means that both of the parties in the complaint, the consumer and the business must agree to the arbitration. If the consumer agrees and the business does not agree, there will be no arbitration. If the business agrees and the consumer does not, there will be no arbitration.

Since this is voluntary, it means that the parties have agreed to allow a third party to make a decision regarding their dispute and we require that they also agree to be bound by that decision. All of these agreements are set forth in a preliminary document which both parties receive and are required to sign.

This document includes in it the names of the parties, the dispute to be settled, and that the ruling of the arbitrator will be final.

Once the “Agreement to Arbitrate” has been signed by both parties a volunteer arbitrator is assigned to the case. Based upon the type of case and the fact in dispute the arbitrator will decide where the hearing is to take place. A date, time and place will be agreed to and the hearing will take place.

The arbitrator will take testimony and, if necessary, will view what is in dispute.

The parties may bring and use:

• expert witnesses
• documentary evidence
• physical evidence and
• They may call witnesses

When all of the evidence and testimony has been taken, the hearing will be closed and the arbitrator will have 14 days in which to issue a written ruling based on the record.

APPEAL

If a party wishes to appeal, that appeal is taken directly to the Circuit Court of Howard County. The rules of the Circuit Court will apply.