Civil Procedure - Alternative Dispute Resolution

Question 1

Validity of Arbitration Agreement

Answer 1

Under Uniform Arbitration Act - written agreement to submit any existing controversy to arbitration (or provision in a contract) is enforceable, irrevocable, EXCEPT if revocable

Question 2

Compelling Arbitration

Answer 2

If a party obligated to arbitrate refuses to do so, a court must order the parties to arbitrate unless the party denies the existence of the agreement to arbitrate.

If so, the court’s sole obligation is to determine whether such an agreement exists. If so, Issue an order compelling arbitration.

Question 3

Staying Arbitration

Answer 3

If a party involved in arbitration asks a court to stay arbitration on the ground that there is no agreement to arbitrate, the court must decide whether such an agreement exists and then issue an appropriate order.

Question 4

Confirming an Award

Answer 4

A court must confirm the award.

Question 5

Modifying the Award

Answer 5

Upon an application, a court must modify an award where:
(1) it was based on an evident miscalculation
(2) the award addressed matters not before the arbitrator
OR
(3) the form of the award is incorrect in a way unrelated to the merits of the case

Question 6

Vacating an Award

Answer 6

A court must vacate an award if:
(1) the award was procured by fraud
(2) the arbitrator was evidently biased or corrupt
(3) the arbitrator exceeded their powers
OR
(4) the arbitrators refused to postpone the hearing after good cause was shown
AND 
a party's rights were prejudiced
(Incorrectness NOT a ground)

Question 7

Application for vacation must be made:

Answer 7

Within 90 days after such grounds are known or reasonably should have been known

Question 8

Venue

Answer 8

Applications for judicial evaluation of arbitration matters should be filed in the county or city in which the arbitration was or is occurring or will occur

Question 9

Mediation

Answer 9

Process in which a mediator facilitates communication between the parties and, without deciding the issues or imposing a solution, enables them to understand and to reach a mutually agreeable resolutoin to their dispute