Methods of Formal Dispute Resolution
Chapters in this video
- 0:00 Which code applies: Customer Code versus Industry Code
- 1:43 The insurance carve-out inside the business-activities condition
- 2:18 The exam trap: customer account between two reps is still Industry Code
- 2:46 Six-year eligibility limit versus statute of limitations
- 3:41 Panel size by claim amount and the simplified procedures trigger
- 5:17 Voluntary mediation: no compelled participation or stay
- 6:30 Arbitration versus mediation versus litigation
- 7:18 Rapid-fire exam recap
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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