Getting notice of an arbitration claim can be stressful, but it is manageable if you act quickly and stay organized. The most important rule is simple: do not ignore it. Here is a clear way to respond.
1. Read the claim carefully
Identify who filed it, what they allege and what they are asking for. Note the amount or the action requested. Check whether the claim matches your contract and the facts as you know them.
2. Find the response deadline
The opposing party is notified and must respond within the time period specified. Missing the deadline can hurt your position, so mark the date right away.
3. Check the arbitration agreement
Review the contract to confirm that arbitration applies and which rules govern the case. If you believe arbitration does not apply, raise that point clearly in your response. Examples of typical language are in our sample arbitration clauses.
4. Gather your evidence
Collect the contract, payment records, messages, photos and anything that supports your side. In online arbitration, evidence is uploaded electronically, so scan or save your files in a clear order.
5. Write a clear response
Respond to each point. Say what you agree with, what you dispute and why. Stay factual and avoid emotion. If you have a claim of your own, state it.
6. Consider settlement
You can still try to settle. online mediation offers a way to talk with a neutral mediator and reach a voluntary agreement, which can save time and cost.
7. Follow the arbitrator instructions
The arbitrator reviews the submissions under the rules and forms. Answer any request for more information promptly. A binding award can follow within weeks, so each step counts.
Should you hire a lawyer?
You are free to respond on your own, and many people do. If the claim is large or complex, speaking with an attorney is a reasonable choice. This article is general information, not legal advice.
