Summary of Arbitration Program
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WIRKS MOVING & STORAGE, INC: SUMMARY OF ARBITRATION PROGRAM
The arbitration program gives the Parties a neutral forum for dispute resolution. If a dispute arises, arbitration may be a mutually beneficial venue for potential resolution. Section 49 CFR Section 375.211 provides that a mover must have a program in place to provide shippers with an arbitration alternative. Arbitration is optional and not required under federal law. Arbitration is an alternative to courtroom litigation.
Each party may present their case and a neutral third-party arbitrator makes a decision as to the merits. Arbitration subject to this agreement shall be conducted via written submission and through telephonic or videoconference appearance if permitted by the arbitrator. Once the filing fees have been paid and the arbitrator selected, the initiating party or “Claimant” must submit a written brief summarizing their legal position and factual claims. Claimant must submit all supporting documentation with the initial arbitration brief. Copies of all documents must be submitted to all parties involved in the arbitration.
The responding party or “Respondent” shall file their responsive arbitration brief and supporting documentation within 30 days after receipt of the Claimant’s brief and supporting documentation. The arbitrator may determine other applicable filing deadlines. The arbitrator’s decision may be binding and are not subject to appeal in court. The Arbitrator’s decision will be based exclusively on the governing United States Federal Law without regard to conflicting State laws or regulations.
Each party shall bear their own costs and fees, including attorney fees, and shall pay 50% of the costs relating to the arbitrator’s fees. Arbitration may be less expensive than traditional litigation. The fees and administration fees shall be at the current rate outlined in the American Arbitration Association’s then current costs as stated in the Consumer Arbitration Rules. Arbitration forms will be provided to shipper by Carrier upon request.
