2. Contract calls for arbitration but no provider is named
Sometimes the contract will specify the use of arbitration but not
name the provider or will name a provider other than A.A.M.S . When
this occurs, both parties must agree in writing to use A.A.M.S. The
parties fulfill this requirement by both signing a Choice of Forum
form. Once this is completed, the claiming party then files with
A.A.M.S. a Demand for Arbitration, and the responding party may, but is
not required to, file a response.
3. No arbitration contact clause
When there is no existing written agreement to refer disputes to
arbitration, both parties must agree in writing to submit their dispute
to arbitration with A.A.M.S. by completing the Arbitration Submission
Agreement and Attachment form. In this form, provided by A.A.M.S., both
parties need to be specific about the information they supply as it
will determine what issues may be presented to the arbitrator.
About the Arbitrators
Neither legal training nor extensive knowledge of the law is a
pre-requisite to be an arbitrator, but they must be familiar with the
requisite formalities and documentation involved in the process.
A.A.M.S. trains all its arbitrators in these formalities and
communications skills.
A.A.M.S has many artists, arts administrators and attorneys
specializing in art and entertainment law on its volunteer arbitrator
panel.
Selecting an Arbitrator and a Date
To set up the arbitration hearing the administrator sends the
parties a list of potential arbitrators with a brief description about
their backgrounds which the parties return after striking out names
which they feel are inappropriate. Potential arbitrators are asked to
disclose any facts which would prevent them from being neutral in
relation to the parties or the situation. Prior dealings or
relationships would, unless all of the parties consent, result in
disqualification.
Similarly, a calendar is sent to the parties for their return after
striking out unavailable dates. The administrator can then select a
mutually acceptable arbitrator and date.
If either party does not return these required forms within a 10day
period, the administrator will presume that all dates and potential
arbitrators are suitable. A Notice of Time and Place of the
Arbitration Hearing is sent to the parties with at least 10 days notice
of the date of the hearing.
Attorneys are Optional
In most instances, persons represent themselves at the arbitration
hearing. Sometimes parties seek prior consultations with attorneys in
order to develop a presentation strategy or for a review of their legal
position. If a party chooses to be represented by an attorney during
the hearing, the other side must be notified, through A.A.M.S., at
least 10 days prior to the hearing. (Notice by telephone is sufficient.)
The Hearing
The arbitration hearing is opened when the arbitrator takes an oath
in front of the parties promising to render an impartial decision. The
arbitrator usually proceeds by asking the complaining party to present
his/her case with any relevant evidence, followed by the other side.
Since the arbitration is final, quasi judicial and somewhat formal, the
arbitrator must maintain absolute impartiality, decorum and a sense of
fairness. At the same time, the arbitrator has some flexibility in
conducting the hearing.
Evidence
Because evidence rules are not applied in arbitration, there is a
great deal of flexibility in deciding the relevance of the proffered
evidence. In order to maintain an aura of fairness, it is usually best
to "hear it all." However evidence that is poorly documented, hearsay,
circumstantial, or mere opinion will be viewed with skepticism.
Furthermore, each party should have the opportunity to comment on the
documentation submitted by the other side.
Mediation Encouraged
As a matter of policy, the A.A.M.S. Arbitration Rules emphasize
mediation at every stage of the process. Even during arbitration,
arbitrators are encouraged to promote the parties' own negotiations
toward agreement and to direct them towards any settlement
possibilities.
Closing the Hearing
The hearing is closed after the parties have covered all their
issues and presented their documentation. At the discretion of the
arbitrator, the hearing may be left open for the submission of
additional evidence. If so, each party will have an opportunity to see
the additional documentation and comment upon it. In no case are the
parties to contact the arbitrator directly; they should direct all
communications through A.A.M.S.staff.