Whether you are the party lodging a claim or the defendant to a claim, there are important things to remember if you want to win an online arbitration claim.
Access to justice has never been easier. Online dispute resolution is a great alternative to filing a court case.
The Brief online dispute resolution process is quick and simple, usually being decided within 45 days of a claim being filed, compared to the years it might normally take with offline alternatives.
But there are things that you can do to speed up the process and give you the strongest chance of prevailing.
How does the Brief process work?
There are six steps to the process allowing parties to resolve their dispute.
- Claimant files a claim online and uploads supporting evidence
- Defendant is notified by email and registered mail and uploads counter-evidence
- Litigants counter on online platform
- Ejudge is assigned
- Ejudge reviews evidence
- Ejudge decides whether an award should be issued.
What can you do to maximise your chance to win an online arbitration claim?
Rule 1: Prepare your strongest claim or defense
If you want to win an online arbitration claim, you must make sure you dedicate time to prepare your claim or defense. Online arbitration is a legally binding process that can result in an award being issued in your favor or against you.
To give yourself the best chance of prevailing, you should sit down and plot what evidence you are going to submit.
One party will prevail in the end and you want to ensure you have your strongest arguments presented to the Ejudge.
Think about what the other party may submit and how you can counter at litigation stage.
Make sure that you collect each and every piece of evidence that may help you. Once you collect all the evidence, separate the wheat from the chaff.
Rule 2: Safeguard your credibility
If the Ejudge assigned to your claim believes you have misstated your case, or the contents of a document submitted as evidence, in all likelihood they will conclude that you intentionally trying to mislead or deceive or, more likely, your arguments are meritless.
If the Ejudge contacts you for clarification on anything related to your claim, ensure you give them a clear, concise and honest answer.
Rule 3: Do not moan; get to the merits
Ejudges respect claimants that get to the point and the merits of the claim.
An Ejudge does not want to hear about how your summer was ruined because you were chasing the other party. They want to know the relevant facts and the reasoning behind your claim or defense.
In your supporting evidence, lay things out, succinctly and get to the merits of your claim or defense with brevity and conviction.
Rule 4: Don’t throw the kitchen sink at the Ejudge in your claim or defense
Remember what we said about safeguarding your credibility? Do not exaggerate or make additional claims or responses that include far-fetched arguments with little chance of succeeding. Use your best arguments right out of the gate.
If your claim is solid, stick to what you know is factually correct and legally fair. If your defense is watertight, stick to it and don’t throw wild counterclaims out there.
If your defense is shaky or will not hold up, consider making a settlement offer available to all parties through the Brief settlement process.
Brief allows claimants and defendants to state their settlement terms or negotiate an offer. All asynchronously and online.
Rule 5: Make a short and memorable opening statement in your submissions
Whether you are the claimant or defendant, make the opening statement to your claim or defense short, “punchy” and memorable.
If you were to sum up your argument in two or three sentences to tell a friend why you should win an award (or be cleared), what would they be? Formalise that argument and state your case straightforwardly and memorably.
“I sent out three documented notices of payment to the defendant on specified dates, allowed one month grace and followed up weekly and was still not paid,” would be one way to open a claim.
A memorable way to open a defense would be “The goods I received from the claimant were defective, documented with photographic evidence and eyewitnessed. I notified the claimant that I would not be paying them and requested a refund or replacement, but neither arrived.”
Rule 6: No bull, check your grammar and get rid of typos
You are not expected to write prose as eloquent as Mark Twain or Harper Lee, but you should pay attention to how you present your claim, evidence or defense.
Take the time to construct it in a manner that flows and makes sense. If your writing skills are not your best asset, find someone that will help you.
Preparing and presenting documents (in an orderly fashion) shows that you are invested, care about the claim or defence and have taken the time and effort to present your evidence well.
It also shows respect towards the Ejudge, who must read through all the evidence presented to them and do not want to be taken down a path that is irrelevant, superfluous or non-persuasive. So, make sure you do not make grandiose claims that will not hold up.
Rule 7: Be timely
You are not expected to jump on every communication at the drop of a hat; people have jobs to go to, businesses to run and families to raise.
But if you are asked for clarification on a matter or are invited to litigate a point, then do it in a timely manner.
If you are otherwise indisposed, show courtesy to the Ejudge and the other party to the claim and let them know.
Rule 8: Give the Ejudge the tools they need to find in your favour
In your claim, or defense, include a chronology of key events (with record citations); a glossary of technical terms if it is industry specific; a chart showing the calculation of damages; the exact wording of any relief sought; key testimony of each witness; a list of principal legal authorities (with copies of each); and slides from any PowerPoint presentations you make.
Your arbitrator will greatly appreciate having these tools at his or her fingertips when writing the award, maximising your chances to win an online arbitration claim.
Can your business benefit from Online Dispute Resolution?
You can shield your business from threats by signing up for our ODR Program. You can also recover debt without going to court.
Brief has helped businesses across the United States recover debts that were not worth the cost of traditional litigation or arbitration if not for online dispute resolution.
Satisfied participants include electronic commerce sites, factors, banks, MCA, and other lenders.
Brief also handles quiet title, warranty claims, declaratory relief actions, and other types of monetary disputes.
Our screened network of Ejudges spreads across all 50 states and each case is matched to jurisdiction and subject matter expertise of the Ejudge.
You can request a demo from our homepage or call one of our arbitration consultants today on tel: +12134443794 . Alternatively, drop us an email at [email protected] to book an obligation-free consultation.
Brief is a market-leading online arbitration platform in the United States. Our 100 percent online alternative dispute resolution platform helps businesses protect their contracts and agreements through online arbitration. Follow us on LinkedIn or Facebook for updates and news about online arbitration and more.
*Brief cannot and will not give legal advice on any matters, financial or not.