Methods of Formal Dispute Resolution

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What this video covers

  • How to sort a dispute under the Customer Code (customer versus member or associated person) or the Industry Code (member, associated person, or formerly associated person versus each other) based strictly on who the parties are, not the subject matter
  • The insurance carve-out and why it operates inside the business-activities condition rather than as a separate exception
  • Why leaving the industry or having membership terminated, suspended, revoked, or expiring does not escape the duty to arbitrate under the Industry Code
  • The six-year eligibility rule as a bar to filing in arbitration only, not a statute of limitations that kills the underlying claim
  • How claim amounts are measured exclusive of interest and expenses before sorting into simplified procedures ($50,000 or less, one arbitrator), middle band (more than $50,000 but not more than $100,000, one arbitrator unless written agreement to three), or large claims (more than $100,000, unspecified, or non-monetary, three arbitrators unless written agreement to one)
  • Why arbitration awards are final with no review or appeal unless applicable law directs otherwise
  • The strictly voluntary nature of mediation, including that no party can be compelled to participate or settle, withdrawal is permitted before a signed settlement, and mediation does not stay a pending arbitration unless all parties agree in writing

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This video's complete written lesson is free to read in the CertFuel app, no signup wall. The complete Series 82 course also includes adaptive practice questions and spaced-repetition flashcards, available in Free Beta.

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