For Arbitration,
it depends on whether there is a pre-existing arbitration agreement:
If there is an arbitration agreement already in
existence that designates EqDR as the Arbitrator,
one party needs to simply complete and submit the Demand for Arbitration. EqDR
will contact the other party and initiate the process.
If there is an arbitration agreement already in
existence but it does not designate EgDR as the Arbitrator,
one party can complete and send to the other party the Demand for Arbitration.
If the other party consents to arbitration by
EqDR by filling in the appropriate
space on the demand or otherwise, then the demand and the consent should be sent
by either party to EqDR. EqDR will then initiate the process.
If the other party does not consent to
arbitration by EqDR, then under most
state laws the party seeking arbitration has the right to go to court to enforce
the arbitration agreement and have the court appoint an arbitrator. In that
case, either party can recommend to the court that the arbitration be conducted
by EqDR.
If no arbitration agreement exists,
the parties must consent to arbitration by EqDR. This can be done by submission
of a Demand for Arbitration, with the other party’s consent indicated on the
form or otherwise.
For Mediation,
it depends on whether the parties agree to mediation or whether a court orders
mediation.
If the parties agree to mediation,
the parties can choose EqDR by agreement. The parties need only contact EqDR to
arrange a mediation session.
If the court orders mediation,
the parties can either agree on mediation by EqDR or a party can request that
the court order the parties to use EqDR to conduct the mediation.
