Arbitration: Frequently Asked Questions


What is Arbitration?
Arbitration is like a private, informal court. While the CCR offers conflict counseling and mediation free of charge, there is a $30.00 filing fee for an arbitration claim or counterclaim. There will be a counterclaim. There will be a panel of arbitrators who hear the arguments of each side and review any evidence presented before they make a decision that is binding on the arbitration parties. Usually the parties will receive the written decision by email within three days.
 
Who may attend an arbitration?
Arbitration Panel- The arbitrators are chosen from among those trained in the CCR's arbitration procedures. There may be one to three arbitrators. A panel of three usually consists of an attorney arbitrator, a landlord arbitrator, and a student arbitrator.
Moderator- A moderator will be present to account for time and make sure the meeting goes according to the arbitration rules.
The Parties- The parties are the person or organization that submitted a demand to arbitrate and the opposition name in the demand. If one of the parties does not contact the CCR to reschedule and does not attend the arbitration, the arbitration will proceed without that party.
Representation- Each party may decide to attend arbitration with representation or send someone as a representative and choose not to attend themselves.
-Any party who is a lawyer or has a lawyer represent them must disclose that fact to the CCR at least 10 calendar days before the hearing. The CCR must immediately inform the other party of such legal representation and give them and opportunity to retain a lawyer if they so desire. (See Arbitration Rules, Section 8)
-In conjunction with the J. Reuben Clark Law School at Brigham Young University, the CCR participants in a clinical program is an optional service to the arbitration parties. If available, a law student may bolunteer to assist a party by examining the case, making suggestions, researching the law, helping to prepare and organize the presentation, and/or acting as spokesperson for the party's position at the arbitration hearing. The arbitration party and the law student assistant must determine to what extent the law student will be invovled in the case. Theere is no charge or fee for this service; however, the service is provided only when a law student volunteer is available for each party desiring the service in an arbitration case. Sufficient advance notice and time to prepare is needed for a law student to give assistance. When using the services of a law student assistant, an arbitration party understands that the law student assistant is not a licensed attorney authorized to practice law and is not acting as legal counsel for the party and agrees to indemnify and hod the university and the law student harmless against any claims arising out of any acts or omissions by the law student assistant in assisting the party.
Witnesses- Either party can bring witnesses to support their claims. Such witnesses may have mechanical, technical, or legal expertise.
Parties, representation, and witnesses may participate via phone or provide written statements where necessary; however, we recommend that, if at all possible, they be present at the hearing.

 
When do I need to file for and complete arbitration?
A Deman to Arbitrate form must be filed within 90 days of the close of your mediation case. Within 90 days of submitting your Demand to Arbitrate form you must have completed the arbitration hearing.
 
How does an arbitration go?
In the hearing, each party is given 20 minutes to produce evidence, witnesses , and make their arguments and 5 minutes to make a closing statement. The arbitrator(s) can extend these time limits when there is a good cause, but usually the time limits given provide sufficient opportunity to present a case for most people. (See Arbitration Rules, Section 17).

 


Where do I go for arbitration?
Arbitrations are usually located in the Center for Conflict Resolution at 4412 Wilkinson Student Center. See our About Us page for directions.
 
What sort of authority or enforcement will the arbitrators have?
Decisions of arbitrations between BYU student-tenants and university-contracted landlords may be enforced through Brigham Young University, and through the course of law. (See Arbitration Rules, Section 30) If enforcement is sought through the university against a BYU student who fails to satisfy any judgment of the arbitrator(s), the student will be prevented from registering for school or have his or her registration discontinued if already registered and have a hold placed on university records until the judgment is satisfied. If the landlord fails to comply with the judgment of the arbitrator(s), BYU will withdraw its approval of the rental facility for student occupancy. It is the responsibility of the prevailing party to seek enforcement action and to notify the Off-Campus Housing Office when the other party is delinquent in complying with the decision of the arbitrator(s).
You may have the decision of the arbitrator(s) confirmed in a court of competent jurisdiction if you make application to the court within 90 days of receiving the arbitration decision. An arbritration decision that is confirmed by the court will be treated and enforced in all respects as a judgment of the court. (See Utah Code Annotated 78-31a-123.)

 
How do I appeal an arbitration decision and what reasons would I have to have?
If one party believes the arbitrator made a mistake or miscalculation or needs to clarify teh decision, that party may petition the arbitrator for modification under the procedure described in Section 29 of the Arbitration Rules. However, you must complete and submit the form Request to Modify or Correct an Arbitration Decision within 20 days of the decision and pay a $15.00 filing fee.
In certain limited circumstances, a state court could reconsider the arbitrator's decision; however, the grounds for appealing an arbitration decision to a formal court of law rarely exist. (See UCA 78-31a-12-17.) An appeal to a state court must be within 90 days after the decision of the arbitrator is served. Under applicable arbitration laws, courts will not review arbitrators' decisions on their merits. This has long been a settled principle in the relationship between private systems and the law.

 

Contact us

Center for Conflict Resolution
4412 WSC
Brigham Young University
Provo, UT 84602

Open Monday-Friday, 8am-5pm
Closed Tuesday 10:45am-12:15pm
for campus devotionals

 

Phone: 801-422-5068
Email: ccr@byu.edu
Fax: 801-422-0992