Frequently Asked Questions
Plaintiff: The party making the Claim.
Defendant: The party against whom the Claim is made.
Claim: The Plaintiff’s legal and factual allegation against the Defendant.
E-Judge: The party deciding who prevails (wins) in the dispute.
Discovery: The process in which the parties request information from each other.
Award: Written determination by the Judge as to who prevails (wins) the dispute.
Jurisdiction: The authority granted to the court to hear a case.
Counter Claim: An additional Claim by the defendant against the plaintiff.
Yes, Brief will guide you through the online dispute process, and you will have more than one opportunity to present your case and to upload your supporting evidence or documents.
At the time a matter is determined to be in default (a failure to timely respond) the case will be assigned to one of the E-Judges for review. In accordance with the Brief Rules, if the evidence supports an award the assigned E-Judge will issue that award.
If more evidence or information is required the E-Judge will contact Plaintiff with any inquiries. Any award, once issued, will set forth the amount of the award, the amount of any fees or costs that the parties are entitled to, along with a brief summary of the basis of the award.
Discovery on the Brief platform is done in accordance with the Brief Rules. Brief expects and requires that during the course of the claim process the parties to the dispute will upload all of their relevant evidence, testimony and arguments. It is also expected that the parties will be transparent and forthwith and provide all relevant documents whether favorable or not. Further, if any party believes that certain documents or information was not made available by their opposition, that party can send an inquiry through the Brief platform to the assigned Ejudge advising them of the alleged deficiency. The Ejudge can then make an independent determination as to whether to have those documents, information or things be provided for further evaluation or review. All discovery will be managed through this process and all inquiries, determinations or sanctions remain under the sole and exclusive management of the Ejudge.
Yes. You can provide these when you create your Claim or upload and describe your evidence before the case is finalized and submitted to the Judge.
The E-Judge will typically apply the law of the state in which the Claim arose, unless there is an agreement or contract that requires the application of a different jurisdiction’s law. If there is a dispute as to which law applies, the E-Judge will evaluate that aspect of the dispute and make a determination as to which law applies.
Brief will not and cannot provide any legal advice or legal assistance. As such, we recommend that you seek your own independent legal advice from your own attorney.
If you disagree with Brief as the forum for this dispute, you should immediately consult an attorney. Failure to formally object may waive your right to object to this forum at a later date and the E-judge retains the ability to determine jurisdiction.
Please immediately contact Brief at [email protected] so that we can review, correct, or withdraw the Claim.
If you don’t recognize the plaintiff or this obligation, please immediately contact Brief at [email protected] so that we can review, correct, or withdraw the Claim.
Most of our participants get to an Award in an average of 45 days, start to finish, a fraction of the time it takes traditional courts, arbitration, or mediation to decide a case.
Brief recommends that you consult with an attorney, but failure to respond to a Claim may result in a default Award or judgment against you.
Brief recommends that you consult with an attorney as you have the right to defend the Claim against you.
Yes, but only for a certain amount of time (a few weeks for each step). Brief provides you with a structured Claim review and Response protocol (with an associated time frame) that allows you to modify parts of a Claim at certain stages. Once the Claim is finalized and submitted by Brief to the E-Judge, the E-Judge will consider all information and evidence submitted in their final decision (Award).
You will be given the opportunity to object to the evidence and present any counter-evidence or written testimony you deem appropriate.
Brief will give you with the opportunity to provide the facts and circumstances that you feel prove your Claim (supporting evidence) and will request that you upload all supporting evidence in the form of documentation (files, emails) or pictures. That evidence plus your written Claim or Response will be reviewed by the Judge to determine whether your Claim is supported by the evidence you provided.
Due to the nature of the Claims that Brief will decide, discovery by the parties is not permitted. However, the E-Judge is allowed to ask substantive questions of the parties at their own discretion and only if needed.
If you received a notice of a Claim filed against you, you can register on Brief and then you will be able to review that Claim (registration is not an admission of responsibility). You can then respond to that Claim and have it submitted to the E-Judge for resolution. Review of the Claim is without obligation to participate in the arbitration, however failure to respond may result in adverse legal consequences. If you are unsure we recommend you seek the advice of an attorney.