Preview

Dispute Resolution October 2009 Edition

Powerful Essays
Open Document
Open Document
7680 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Dispute Resolution October 2009 Edition
Dispute Resolution October 2009 Edition

Uniform Forms Guide

TABLE OF CONTENTS
Introduction to Dispute Resolution Part One: Filing the Initial Statement of Claim Part Two: Filing Statements of Answer Part Three: Filing Other Claim(s) Part Four: General Information Claim Information Sheet Submission Agreement – Claimants Submission Agreement – Respondents 2 4 9 10 11 14 22 23

UNIFORM FORMS GUIDE
FINRA Dispute Resolution One Liberty Plaza 27th Floor 165 Broadway New York, New York 10006 www.finra.org/arbitration_mediation

Introduction to Dispute Resolution
FINRA sponsors a forum for securities dispute resolution. Our arbitration program administers claims involving customers of brokerage firms and disputes between brokerage firms and their employees. We also offer a full-scope mediation program. Mediation and arbitration are non-judicial methods of resolving disputes between two or more parties. Any type of dispute, claim or controversy arising out of business dealings with any FINRA brokerage firm1 can be resolved in mediation or arbitration.

For more information on our mediation program, please see the publication FINRA Mediation—An Alternate Path to Resolving Securities Disputes, available on our Web site at www.finra.org/arbitration_mediation.

FINRA Arbitration
If all parties do not fully settle their claims or you decide to arbitrate your claim without mediation, you may submit your claim to FINRA. In arbitration, an impartial person or panel hears the presentations of the parties, evaluates the evidence and decides how the matter will be resolved. When you choose arbitration to resolve your dispute, you forego the opportunity to have the same matter decided by a court of law because an arbitration award at this forum is final and binding. This Uniform Forms Guide provides information for you and all parties involved in arbitration proceedings. The guide explains how to file an initial Statement of Claim and other pleadings. It also

You May Also Find These Documents Helpful

  • Good Essays

    Negotiation, mediation, and arbitration are methods to pursue in this case. Mediation is appropriate for this case because the mediator elevates the evidence to determine the best solution for both parties. The mediator promotes settlement for the case and indicates pointers to resolve the dispute. Cheeseman (2013) stated, “If the parties agree to a settlement, a settlement agreement is drafted that expresses their agreement. Execution of the settlement agreement ends the dispute. The parties,of course, must perform their duties under the settlement agreement. If an agreement is not reached, the parties may proceed to a judicial resolution of their case” (p. 54). “Litigation is a difficult, time-consuming, and costly process that must comply…

    • 604 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Court litigations can be costly and Alternative Dispute Resolutions is the best way to go. Solving disputes through the traditional court system is timely and costly. ADR allows a faster and less expensive resolution. The down side to ADR is that it doesn’t allow a legal advisor to dig deep into evidence. There are several types of ADR methods that are available to pursue. The most commonly known are negotiation, mediation, and arbitration which is the most commonly used. The best and most appropriate ADR method, in this case, is mediation. Mediation is the best way to resolve the dispute between Adam and Circuit City. This method is the best way for Circuit City because it allows both parties to settle out of court and avoid negative publicity.…

    • 269 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    dynamic business law

    • 761 Words
    • 3 Pages

    Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties). Provide a judgment on who should win the case - be clear.…

    • 761 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Most common forms of ADR which are available are – Negotiation (It is a simple procedure in which parties involved in dispute discuss with each other to reach a voluntary settlement.),Mediation (In this method, the parties use a mediator to propose a settlement of their dispute), Arbitration ( In it, the parties chooses a third party to hear evidence and testimony and then decide the dispute), Mini-trial (In it, lawyers from both parties present their case to representatives of each party so that parties can know strengths and weaknesses of their cases.), Fact-finding(the parties employs a neutral third party who act as fact-finder for the investigation of case and the information investigated by Fact-finder can be used in negotiating settlement.), Using a Judicial Referee (With the parties agreement, the court may appoint a judicial referee to conduct a private trial and give a judgment and their decisions stand as judgments of the court). (Cheeseman,…

    • 781 Words
    • 4 Pages
    Good Essays
  • Better Essays

    2. Select the administrative and judicial process that will bring the dispute to a resolution and…

    • 1433 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Bus Law 531 Week 1

    • 676 Words
    • 3 Pages

    Business owners know that high ligation costs and lengthy delays make it difficult and expensive to resolve business disputes in court. Alternative dispute resolutions are superior solutions for resolving business disputes and are normally settled before trial, which saves significant time and money. Alternative dispute resolution can be achieved by several approaches, which may include negotiation, mediation, and arbitration. Traditional litigation resolves disputes in the civil court system in which one party loses and one wins. Although litigation and alternative disputes resolution both have advantages, alternative dispute resolution is generally faster and less expensive. This paper will compare and contrast the traditional litigation with nontraditional forms of alternative dispute resolution.…

    • 676 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Alternative Dispute Resolution (ADR) is an important aspect of the court’s structure in that it allows disputes to be resolved without the need for litigation. The different types of this key alternative will be discussed along with a pros and cons of each alternative type. A personal perspective of how ADR has worked for me in the past will be included as well as what type was used.…

    • 924 Words
    • 4 Pages
    Satisfactory Essays
  • Powerful Essays

    Kauffman T M1 A3

    • 943 Words
    • 3 Pages

    The Federal Arbitration Act controls both the federal and state level laws. Regardless, if the dispute is international or domestic, it is held by a single standard. This particular act does not expound the arguments subjected to arbitration. Both sides must agree of said arbitration when setting the foundation as it is written in this act. The determination is to coerce the account for the arguments handled in the state 's legislative accomplishments.…

    • 943 Words
    • 3 Pages
    Powerful Essays
  • Good Essays

    blaw 2

    • 4792 Words
    • 14 Pages

    3. Browne & Assoc., a San Francisco company, orders from U.S. Electronics, a New York company, ten thousand electronic units. Browne & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco. U.S. Electronics executes and delivers to Browne & Assoc. its acknowledgment form, which accepts the order and contains the following provision: ‘‘All disputes will be resolved by the State courts of New York.’’ A dispute arises concerning the workmanship of the parts, and Browne & Assoc. wishes the case to be arbitrated in San Fran- cisco. What result…

    • 4792 Words
    • 14 Pages
    Good Essays
  • Good Essays

    Law/531 Adr Analysis

    • 637 Words
    • 3 Pages

    For many years, litigation has been the one thing in reference to the law that traditionally resolves lawsuits and disputes. There are many facts that need to be considered when one compares or contrasts traditional litigation methods to the nontraditional litigation methods (Alternate Dispute Resolution). Handled outside of litigation in court, ADR is a unique resolution. ADR’s types include “arbitration, collaborative law, mediation and negotiation. Conciliation is sometimes included as a fifth category” (Alternate Dispute Resolution Law, 2011).…

    • 637 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    All sorts of problems in the learning team that is not resolved in a certain amount of hours will initiate the ADR. The problem established is in the learning team not following procedures regulations of the University of Phoenix. Other problems or situations that are personal in the learning team will not obligated be fixed through the Alternative Dispute Resolution. In my opinion there are two strategies of resolution through the ADR process in the event of the dispute in Learning Team. One of these is the Arbitration and According to "Legal Dictionary, The Free Dictionary" (2014), is a well-established and widely used means to end disputes. It is one of several kinds of Alternative Dispute Resolution, which provide parties to a controversy with a choice other than litigation. In the case that the situation on the learning team is not settled with the mediation due time, the arbitration clause will be applied and resolved. This type of resolution is applied for those who denied the mediation and unable to provide an agreement.…

    • 347 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Midterm Review

    • 2002 Words
    • 15 Pages

    Identify the correct statement regarding an alternative dispute resolution (ADR) program attached to the court.…

    • 2002 Words
    • 15 Pages
    Satisfactory Essays
  • Good Essays

    The National Arbitration Forum recently issued a decision regarding the ownership and use of the Hillary Clinton web address. This decision was based on the facts presented to the National Arbitration Forum in lieu of a formal lawsuit. The choice to use arbitration as a means of dispute resolution is included in the contract terms provided by the Internet Corporation for Assigned Names and Numbers (ICANN). The National Arbitration forum hears thousands of cases each year under the Uniform Domain Name Dispute Resolution Policy and has in fact created their own set of rules for making decisions on these matters (National Arbitration Forum, 2005).…

    • 606 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The general source of securing a list of arbitrators is through impartial agency (Federal Mediation and Conciliation Service (FMCS); American Arbitration Association (AAA)) and through state and local agencies. There are three procedures in the selection of the arbitrator, which are the striking method, striking and ranking, or by requesting a direct appointment.…

    • 942 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    law case

    • 427 Words
    • 2 Pages

    The purpose of this arbitration paper is written for arbitration meeting conducted on April 4th 2014 for the incident happened in February 15th.…

    • 427 Words
    • 2 Pages
    Satisfactory Essays

Related Topics