ARBITRATION RULES OF THE BYU CENTER FOR CONFLICT RESOLUTION
(Effective January 1, 2015)
“Arbitration” is a legal process authorized by Utah State Law (UCA 78-31a) in which two or more persons agree to let an impartial person make a final legally binding decision in their dispute.“You” as used in these rules, means one of the parties involved in the dispute being arbitrated.“CCR” is the BYU Center for Conflict Resolution, the administrators of the arbitrations.“Arbitrator” refers to the individual or panel selected to conduct the arbitration and to make a final binding decision in the dispute.“Demand” means the Demand to Arbitrate, the document submitted tothe CCR by the initiating party that declares his or her intent to arbitrate and commences the arbitration process. It is used only when the parties have a provision for arbitrating disputes in a contract.“Petitioner” means the person or party who files the Demand to Arbitrate to initiate the arbitration process or the party initiating an action or making a complaint.“Respondent” means the person or party upon whom the Demand to Arbitrate is made or the defending party in an action or a complaint.
II. THE ARBITRATION AGREEMENT
1 - Arbitration Agreement
Whenever you provide for arbitration by the CCR, you agree that these Rules apply. The Arbitrator shall interpret and apply these Rules insofar as they relate to his or her powers and duties. All other Rules shall be interpreted and applied by the CCR. All relevant provisions of Utah state law and amendments thereto governing arbitration are deemed incorporated in these Rules except as the parties shall otherwise agree in writing or as provided in these Rules. However, nothing herein shall be construed to prevent the Arbitrator from reaching a result in a particular case that he or she deems just under the facts and circumstances of the case.
2 – Fee Schedule
(a) When an arbitration hearing is initiated under an arbitration provision in a contract, the party who files the Demand to Arbitrate (the “Petitioner”) must pay a filing fee of $30.00 to the CCR when filing.The party upon whom the Demand to Arbitrate is made (the “Respondent”) must pay the same if he or she files a Counterclaim. If the CCR is notified one business day before a scheduled hearing that the Demand and Counterclaims have been settled or withdrawn, the filing fee will be refunded.
(b) If a change of claim (see Paragraph 7) is permitted, you must pay an additional filing fee of $15.00 to the CCR.
(c) To receive an Explanatory Statement to the decision of the Arbitrator, you must pay a $60.00 fee. (See Paragraph 27c.)
(d) If you appeal the decision of the Arbitrator, you must pay a filing fee of $30.00 to the CCR. (See Paragraph 29a.)
(e) The CCR may take action to enforce the payment of any fees owed by you through the following university procedures: Any BYU student who fails to pay may have a hold placed on his or her university records and a stop and discontinuance placed on registration. Any university-contracted landlord who fails to pay may lose university approval of his or her facilities.
3 – Eligibility of the Parties
The only persons eligible for arbitration through the CCR are:
(a) Students of Brigham Young University who at any time during the period covered by the agreement in dispute are enrolled in daytime or evening classes at BYU, including parttime students but excluding those studying solely BYU Independent Study courses; bona fide applicants to BYU at any time during the period covered by the agreement upon which the dispute is based.
(b) University-contracted apartment and condominium owners and their legal agents whose facilities are classified as university contracted at any time during the period covered by the agreement in dispute. If an apartment or condominium is not classified as university contracted during the relevant period, but the owner or legal agent of the owner has represented to the tenant that the facility is BYU contracted, then the owner shall be deemed to have consented to be under the jurisdiction of the CCR’s arbitration process for the sole purpose of resolving a dispute if the tenant chooses to bring the dispute with the CCR.
(c) Other persons having a dispute with a BYU student defined in paragraph (a) above who have been approved by the CCR.
(d) Questions concerning the eligibility of any party will be determined by the CCR. In no event shall a cause be brought before the CCR that arose more than one calendar year before the date the dispute was referred to the CCR. A cause of action shall be deemed to have arisen when the petitioning party knew or should have known that a claim existed against the other party. The Respondent shall have the responsibility to argue the limitations period has passed.
4 - Serving of Notices
(a) You must accept all notices from the CCR by telephone and the CCR will confirm such notices in writing. However, should there be a failure to confirm in writing any notice, the proceeding shall nonetheless be valid if notice has, in fact, been given by telephone.
(b) Any written notices, papers, or process necessary or proper for arbitration under these Rules and for any court action in connection therewith may be served upon you by mail addressed to your last known address or by personal service. The last known address of a student is that address (local or permanent) registered with Brigham Young University or as registered with the CCR with the submission of the Demand. The last known address of a university-contracted landlord is that address registered with the CCR as of the date of the Demand or with the submission of the Demand.
III. INITIATION OF THE ARBITRATION
5 – Dispute Resolution Procedures Preceding Arbitration
Parties may not have an arbitration hearing until they have attempted to settle their dispute through the mediation process unless good cause exists therefore in the opinion of the CCR. If you are a party in a case from the BYU Off-Campus Housing Program, you may not initiate arbitration until the preliminary dispute resolution procedures prescribed by the Off-Campus Housing Office have been exhausted. (See the BYU Off-Campus Housing Handbook, Section 21)
6 - Initiating Arbitration under an Arbitration Provision in a Contract
(a) To begin the arbitration process under an arbitration provision in a contract, the Petitioner pays a filing fee of $30.00 (see Paragraph 2) and files a written Demand to Arbitrate ("Demand") with the CCR, which contains a statement setting forth the nature of the dispute and the remedy sought. The CCR may immediately set the date, time, and place of the hearing and give notice of the hearing at the time of submission of the Demand. Upon receipt of a Demand and the filing fee, the CCR will send a copy of the Demand with submitted documents, if any, and the notice of hearing to the Respondent at its last known address.
(b) The Respondent may file a Counterclaim (claim against the Petitioner) with the CCR within seven calendar days after the receipt of notice from the CCR containing the Demand. If the Respondent makes a Counterclaim, the Respondent must pay a filing fee of $30.00 to the CCR (see Paragraph 2). Upon receipt of the Counterclaim, and the filing fee, the CCR will send copies of the Respondent’s Counterclaim and any accompanying documents to the other party and to the Arbitrator prior to the hearing.
7 - Change of Claim
After filing of the Demand to Arbitrate, or a Counterclaim, no new or different claim may be submitted without the express consent of the CCR for good cause shown. If a change of claim is permitted, you must pay an additional fee of $15.00 to the CCR.
8 - Representation
You may present your own case or have a personal representative present your case before the Arbitrator. Since arbitration hearings are not governed by formal rules of evidence, most parties effectively represent themselves. Any party who is a lawyer or has a lawyer represent them must disclose that fact to the CCR at least ten calendar days before the hearing. The CCR will inform the other party in the dispute of such legal representation and give them an opportunity to retain a lawyer if they so desire.
IV. APPOINTMENT OF ARBITRATORS
9 - Appointment of Arbitrators
(a) The CCR maintains a pool of individuals from the BYU community and from the local communities who have volunteered to serve without pay as Arbitrators. From this pool the CCR appoints at its discretion, one to three Arbitrators to hear each arbitration case. When more than one Arbitrator serves at a hearing, all decisions of the Arbitrator must be made by a majority.
(b) For arbitrations of the BYU Off-Campus Housing Program, the CCR may appoint, at its option, a panel of three Arbitrators to hear a dispute if the Arbitrators are available and if they can be scheduled in a timely manner. Such hearing panels will include one of each of the following classifications unless the parties agree otherwise:
(1) Faculty Arbitrators--fulltime university faculty or administrative staff with legal training.
(2) Student Arbitrators-students in good standing at Brigham Young University.
(3) Owner Arbitrators--university-contracted owners or agents of such owners.
10 - Disqualification of Arbitrators
An Arbitrator must disclose to the parties to the arbitration any known facts he or she has regarding a financial or personal interest in the result of the arbitration or an existing or past relationship with any party to the arbitration, their counsel or representatives, or a witness. If you promptly object to the appointment of or continued service of the Arbitrator after such facts are disclosed, the Arbitrator shall be excused from hearing the case and the CCR shall choose another to serve. The matter shall be reheard if disclosure is made after the hearing, unless the parties agree otherwise.
V. PROCEDURE FOR THE HEARING
11 - Time and Place
The CCR sets the date, time, and place for each hearing and notifies each party by telephone at least five calendar days in advance, unless the parties by mutual agreement waive such notice or modify the terms thereof. If you cannot make a personal appearance at the hearing on the date set by the CCR, you may designate a representative to appear in your behalf or present your case by telephone or in writing. You may agree with the other party to waive an oral hearing and both parties present the case entirely in writing. If you fail to exercise these options, the hearing will proceed as scheduled unless you and the other party agree to a postponement, or you obtain a postponement from the CCR by showing that an unavoidable conflict has good cause. Proceedings in the absence of a party are governed by Paragraph 17.
12 - Hearing by Telephone
Whenever the CCR provides for you or your witnesses to present your case or give testimony to the Arbitrator by telephone, you agree to pay the costs of the telephone service should the CCR so require and be responsible for you and your witnesses to be ready to receive the telephone call from the Arbitrator at the set time.
13 - Electronic Recordings
Recordings of the hearing, electronic or otherwise, are not permitted unless granted by the Arbitrator and the CCR.
14 - Attendance at Hearings
Persons having a direct interest in the arbitration are entitled to attend the hearings as determined by the Arbitrator. The Arbitrator shall have the power to require the retirement of any witnesses from the hearing except during their testimony.
15 - Postponements
The Arbitrator may postpone the hearing at your request or upon their own initiative. No arbitration may be postponed more than 90 days.
16 - Order of Proceeding
The Arbitrator may conduct an arbitration in a manner the Arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The Arbitrator may, at the beginning of the hearing, ask you for statements clarifying the issues involved. The complaining party or Petitioner shall then have a maximum of twenty minutes to present the claim and proofs and witnesses. The defending party or Respondent shall then have a maximum of twenty minutes to present the defense and proofs and witnesses. The Petitioner shall then have a maximum of five minutes to make a final closing statement. The Respondent shall then have a maximum of five minutes to make a final closing statement. The Arbitrator may require that you direct all your communications in the hearing to the Arbitrator. The Arbitrator may question you at any time but may require that your questions be held until after your presentation. The Arbitrator may restrict your presentation or questioning of the other party if deemed to be repetitious or irrelevant to the dispute. The Arbitrator may extend the time limits and in his or her discretion vary this procedure and conduct the arbitration in a manner the Arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The Arbitrator shall afford you full and equal opportunity to present any material or relevant proofs, to rebut any evidence or claims of the other party, and to cross-examine witnesses at the hearing.
17 - Arbitration in the Absence of a Party
The arbitration hearing may proceed to a decision in your absence if, after notice, you fail to be present or fail to obtain a postponement. In such cases, the Arbitrator will require the party who is present to submit evidence required to establish his or her contentions and to merit the making of a decision. In addition, upon good cause shown or at their own discretion, the Arbitrator may grant the absent party the right to a continued hearing or to present a statement and/or any evidence in writing within a set time. No such statement or evidence, however,shall be considered unless the other party has received a copy of the submitted information and has a reasonable time to submit a rebuttal. The Arbitrator may dismiss with prejudice any case in which neither party appears at the hearing.
18 - Evidence
You may offer such evidence as is relevant and material to the dispute and shall produce such evidence as the Arbitrator may deem necessary to an understanding and determination of the dispute. The Arbitrator shall determine the admissibility, relevancy, and materiality of the evidence offered, and conformity to legal rules of evidence shall not apply. The Arbitrator shall have the discretion whether or not to include the testimony of witnesses, submitted documents, and other evidenceas part of the consideration of the case. All evidence shall be taken in your presence and in the presence of the Arbitrator, except where you are absent by default or have waived your right to be present.
19 - Exchange of Information
(a) At your request or at the discretion of the Arbitrator, consistent with the expedited nature of arbitration, the arbitrator may direct the production of documents and other information and the identification of any witnesses to be called.
(b) The Arbitrator is authorized to resolve any disputes concerning the exchange of information.
20 - Inspection or Investigation
Whenever the Arbitrator deems it necessary to make an inspection or investigation in connection with the arbitration, the Arbitrator shall direct the CCR to advise you of their intention. The Arbitrator shall set the time, and the CCR shall notify you. Any party who so desires may be present at such inspection or investigation. In the event you are not present at the inspection or investigation, the Arbitrator shall make a verbal or written report to you and afford you an opportunity to comment.
21 - Closing of Hearing
After the Arbitrator declares the hearing closed, the time limit within which the Arbitrator is required to make the decision will commence to run, in the absence of other agreements by the parties. If written statements or documents are to be filed or if an inspection or investigation is deemed appropriate, the hearings shall be declared closed as of the latest date set by the Arbitrator for the receipt of written statements or documents or following such inspection or investigation and opportunity by the parties to comment.
22 - Reopening of Hearing
The hearing may be reopened at any time before the decision is made by the Arbitrator upon their own motion, or on application of a party for good cause as determined by the Arbitrator or at the request of the CCR. The Arbitrator shall have three business days from the closing of the reopened hearing within which to transmit the decision to the CCR.
VI. SPECIAL PROVISIONS
23 - Waiver of Rules
If you proceed with the arbitration after knowledge that any provision or requirement of these Rules has not been complied with and fail to state an objection in writing, you shall be deemed to have waived your right to object. Upon written approval of the CCR, the parties may provide, by written agreement, for the waiver of a rule or procedure and shall specify in writing a fair and equitable substitute rule or procedure.
24 - Extensions of Time
The parties may modify any period of time by mutual agreement. The CCR, for good cause, may extend any period of time established by these Rules. The CCR shall notify the parties of any such extension of time and its reason therefor.
25- Communicating with the Arbitrator
You may not have any direct communications with the Arbitrator about your dispute unless all parties are present or have given written permission to do so. Any communications directed to the Arbitrator, other than those in the hearing itself, must be sent through the CCR, which will relay them to the Arbitrator with copies to the other parties to the dispute.
VII. THE DECISION
26 – Time
Except for good cause, the decision shall be made by the Arbitrator not later than three business days from the date of closing the hearing or, if an oral hearing has been waived, ten calendar days from the date of transmitting the final statements and proofs to the Arbitrator. The decision is deemed to have been given as of the date the decision of the Arbitrator has been forwarded to the CCR for transmission to the parties.
27 -- Scope and Form of the Decision
(a) The Arbitrator shall have the sole and exclusive right to determine all questions of law and fact involved in the dispute and may grant any remedy or relief that the Arbitrator deems just and equitable within the scope of the agreement of the parties, including, but not limited to, specific performance of a contract. The decision of the arbitrators is final and legally binding and may include an award to one party or the other, or a decision to deny all requested relief. The arbitrator may decline to enforce any provision or claim that is judged to be unfair or inequitable. All filing fees shall be borne by the party that paid unless the Arbitrator in the decision assesses the fees or any part thereof against any specified party.
(b) At the discretion of the Arbitrator, his or her decision may be issued orally or in writing. When issuing the decision in writing, the Arbitrator shall give a brief direction to the parties on a single-sheet decision form. The Arbitrator may add brief comments about the decision on the form at his or her discretion.
(c) You may request the Arbitrator to state in writing the reasons or otherwise explain the decision in a separate Explanatory Statement. To receive such statement, you must make a written request for an Explanatory Statement to the CCR before or after the hearing but no later than seven calendar days after the day you receive the decision, accompanied by a $60.00 fee to the CCR, and allow the Arbitrator to make the explanation twenty calendar days after the decision or after receipt of your request, whichever is later. The Arbitrator may refuse to provide such an Explanatory Statement.
28 - Decision upon Settlement
If you settle your dispute during the course of the arbitration hearing, the Arbitrator may, upon your request, set forth the terms of the agreed settlement in a decision. If you settle your dispute before the arbitration hearing, the settlement will end the dispute and no hearing will be held.
29 - Modifying and Appealing the Decision
(a) You may notify the CCR in writing and pay a $30.00 filing fee within twenty calendar days after service of the decision to request the Arbitrator to modify or correct the decision for any of the following grounds:
(1) if there was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the decision;
(2) if the Arbitrator has made an award on a claim not submitted to the Arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted;
(3) if the Arbitrator has not made a final and definite decision upon a claim submitted by you; or
(4) to clarify the decision, if the decision is imperfect in a matter of form not affecting the merits of the decision on the claims submitted. The CCR will share your observation with the other parties who may state their objections in writing within ten calendar days after receipt of notice. The CCR will forward the views of all parties to the Arbitrator, who may modify the decision in whole or in part or confirm it altogether. The decision of the Arbitrator to modify the decision shall be made no later than twenty calendar days from the receipt of the statements to the Arbitrator, otherwise the decision is confirmed as originally given. If the Arbitrator modifies the decision, the $30.00 filing fee will be reimbursed to you.
(b) Appeals of an arbitration decision may be taken to a court of competent jurisdiction in Utah for specifically defined grounds within 90 days after service of the decision (see UCA 78-31a-124and 125).
VIII. ENFORCEMENT AND CONFIRMATION OF THE DECISION
30 – Enforcement and Confirmation of the Decision
(a) You may apply to a court of competent jurisdiction for an order confirming the decision as provided in Utah law (see UCA 78-31a-123).
(b) In arbitration cases for the Off-Campus Housing Program, you may apply to the Off-Campus Housing Office for enforcement through university procedures.
31 - Release of Documents for Judicial Proceedings
Upon a written request from you, the CCR will furnish you, at your expense, copies of any papers relating to the relevant arbitration in CCR possession that may be required in judicial proceedings. For purposes of this paragraph, any documents in the possession of any Arbitrator shall be deemed to be in the possession of the CCR.