The Center for Repsponsible Appraisals and Valuations (The Center) An Entity Of the National Community Reinvestment Coalition (NCRC)

Alternative Dispute Resolution (ADR) Frequently Asked Questions (FAQs)

Q. What is the American Arbitration Association?

A. The American Arbitration Association (AAA) is a not-for-profit, public service organization founded in 1926, which is committed to the resolution of disputes through the use of arbitration and mediation and other forms of alternative dispute resolution. The organization's primary mission is one of service and education. The Association is named as the administrator of arbitrations and mediations arising out of countless contracts, agreements, legislative acts and other related documents. The AAA's website is www.adr.org.

Q. Why the Center/ADR Program?

A. The AAA and the center developed the center/ADR program to help parties resolve their disputes quickly, amicably and at low costs. Pursuant to the center Code of Conduct and one or more of the center Signatory Agreements, the parties shall be deemed to have designated the center/ADR program as well as the AAA Commercial Arbitration Rules as the mechanism for resolving their disputes.

Q. What is the time frame of the dispute resolution process in the Center/ADR Program?

A. The resolution of disputes is very important to The Center and its Signatory members. Therefore the center/ADR program is designed to be efficient and effective. For example, disputes should be resolved in 30 business days or less using Informal Conciliation. However, the parties themselves may extend this deadline if they are actively working to resolve the problem. Mediation is to be accomplished in 30 days, but can be extended by the parties or mediator in certain cases. Expedited Arbitration under the center rules takes 60 days from the appointment of the arbitrator. For larger disputes, filed as "Regular Arbitration" in the center/ADR program, timelines will be in accordance with the rules and procedures of the American Arbitration Association's (AAA) Commercial Arbitration Rules currently in effect.

Q. Do I need to hire a lawyer?

A. Any party may be represented by counsel or other authorized representative, but attorneys are not required. A party intending to be represented by an attorney must notify the other party, the AAA and the Center of the name and address of the representative so the Center can grant the attorney temporary use of the online ADR system. The Center will make arrangements for the representative, who may not be a Signatory of the Center, to use the center/ADR program.

Q. What evidence should I present?

A. The parties may offer evidence as is relevant and material to the dispute online and shall produce such evidence as the mediator and or arbitrator may deem necessary to an understanding and determination of the dispute. The mediator or arbitrator shall determine the admissibility, relevance and materiality of the evidence offered and may exclude evidence deemed by the arbitrator to be cumulative or irrelevant. The mediator or arbitrator may receive and consider the evidence of witnesses by declaration or affidavit. In Expedited Arbitration, hearings will be on documents only, with a teleconference hearing if the arbitrator requires it.

Q. What if I need an extension?

A. The parties and their representatives shall cooperate in the expeditious processing of pleadings, Informal Conciliation, Mediation, Expedited Arbitration or regular AAA Commercial Arbitration, in keeping with the overall mission of the center's Center for Responsible Appraisals and Valuations. The center/ADR proceedings shall be completed within the previously discussed timelines unless the mediator or arbitrator extends the time in extraordinary cases when the demands of justice require it as provided in the Supplementary Procedures for Resolution of Disputes in the Center for Responsible Appraisals and Valuations (center), an entity of the National Community Reinvestment Coalition (NCRC).

Q. How do I enforce my Award?

A. An Award of an arbitrator may be enforced in court under state and federal statutes.

Q. What factors should I consider when selecting my mediator/arbitrator?

A. Mediator and Arbitrator resumes will be available online. In addition to considerations regarding a neutral's qualifications as they might apply to the dispute at hand, the parties and their representatives should pay close attention to those items on each neutral's resume that might prevent the neutral from serving for reasons related to professional or personal associations, or contacts with a party or representative.

Q. What do my fees cover?

A. The fees cover the AAA's administrative services, The Center's overhead fees for ADR, and the compensation of a mediator and/or arbitrator, where used.

Q. How do I file a case?

A. Before filing a formal claim, a party (Signatory) may file an alleged infraction report via the online Informal Conciliation program that can be found in the ADR section of the center website at www.centeronline.com. After the report is filed, the Respondent should respond to the claim. The two parties will continue the interactive conciliation dialogue postings until the matter is resolved or a party closes the conference or a party or both parties move the matter on to Mediation or Arbitration. A party wishing to go directly to Mediation, Expedited Arbitration or regular AAA Commercial Arbitration may skip Informal Conciliation and immediately file a formal claim.

Q. Do rules of evidence apply?

A. Conformity to legal rules of evidence is not necessary. In Arbitration, all evidence shall be taken in the presence of, or made available to, the arbitrator and all of the parties, except where any of the parties is absent, in default or has waived the right to be present. In online proceedings, evidence submitted online must be transmitted simultaneously to the opposing party. The mediator or arbitrator shall take into account applicable principles of legal privilege, such as those involving the confidentiality of communications between a lawyer and client.

Q. What is the center/ADR Mediation and Expedited Arbitration Program?

A. This program consists of Mediation and the Expedited Arbitration phases facilitated by trained AAA representatives and AAA arbitrators. In Mediation, the mediator assists the parties in reaching their own settlement, but does not have the authority to make a binding decision. In Expedited Arbitration, the arbitrator will make a final and binding decision.

Q. What is AAA Commercial Arbitration?

A. AAA maintains a standard set of arbitration rules and procedures that are utilized nationally by business entities for a wide range of commercial disputes. The AAA provides administrative services for thousands of commercial disputes annually. Members of center/center may avail themselves of the regular AAA Commercial Arbitration process through the center/ADR program via the ADR section of the center website at www.responsibleappraisals.com. More details on regular AAA Commercial Arbitration can be found on AAA's website at www.adr.org under Rules and Procedures. The AAA standard fee schedule will apply for these cases.

Q. What kinds of disputes are covered?

A. Alleged violations by Signatories and Non-Signatories of the center's Center for Responsible Appraisals and Valuations, the center's Code of Conduct or a breach of any of the center's Signatory Agreements.

Q. What type of remedy can I request?

A. Except for monetary relief, the arbitrator may grant any remedy or relief he or she deems appropriate including, but not limited, to full restoration of all previously contracted appraisal services.

Q. Who are the mediators and arbitrators?

A. The AAA will provide a list of qualified mediators from AAA staff* for center/ADR mediations. Arbitrators have been identified from AAA's National Roster of Neutrals with real estate related experience and expertise to create a pool of arbitrators for center/ADR Expedited Arbitration and Regular Arbitration. In Regular Arbitration, the AAA may also offer members from its remaining Roster, outside of the pool designated for center/ADR cases.

* AAA Staff Mediator Disclosure

Mediators for the center ADR program are employees of the American Arbitration Association ("AAA"). The AAA administers hundreds of thousands of dispute resolution proceedings throughout the country and internationally each year, and in doing so the AAA interacts with and provides services for a large numbers of law firms, businesses and other organizations. Therefore, the parties should assume that there is a likelihood that the AAA has had some prior contact with some or all of the parties or attorneys that may be involved in this dispute.

While an Association-wide search for every potential contact with the parties for a particular dispute is not feasible, the AAA's case management database will be reviewed regarding the names of parties or counsel and the Mediator will disclose to the parties some information regarding the extent to which the AAA has administered other cases involving the parties or counsel.

If one or both parties' objections result in the AAA being unable to supply a staff mediator, the mediation process may be terminated and the fees will be allocated to a center arbitration, if requested. However, in no event will there be any refunds of administrative or any other fees paid to the AAA. If the arbitration is not requested or does not continue forward within thirty days of the termination of the mediation, the case will be considered withdrawn and the file will be closed.

Q. Where can I find further information about mediation and arbitration, etc?

A. You can find more information about alternative dispute resolution (ADR) on the AAA's website at www.adr.org.

Q. Where can I file?

A. center Signatory Members file online through www.cravonline.com. From the center Home Page ADR Section, you can access Informal Conciliation, Mediation, Expedited Arbitration or Regular AAA Commercial Rules Arbitration.

Q. Who pays the fees?

A. The Party who initiates the Conciliation Conference pays the filing fee for Informal Conciliation. For Mediation and for Arbitration, the two parties will split equally the administrative fees and arbitrator compensation deposits at the time of the online filing of the claim. Payment will be made via credit card. Fee breakdowns for each process can be found in the Supplementary Procedures for Resolution of Disputes in the Center for Responsible Appraisals and Valuations (center). In the event a center Signatory refuses to participate in arbitration, the claimant may advance all of the fees so that the case can proceed to an Award. Arbitrators may reallocate fees as they deem appropriate.

Q. What is the AAA relationship to center and center?

A. The AAA is an independent, not for profit, neutral, dispute resolution services provider. To enable quick resolution of disputes, the AAA and the center have established a system that provides comprehensive online case management. The center and the AAA have developed this alternative dispute resolution (ADR) program for the benefit of both Signatory members of the center's Center for Responsible Appraisals and Valuations (center) as well as non-Signatories, with guiding principles toward complete fairness to the parties.

center members are bound by an Honor Code to report violations and file grievances if they are affected by another party's violating the center's Code of Conduct. Those grievances or disputes are addressed in the third party, neutral alternative dispute resolution forum, through an exclusive relationship with the American Arbitration Association, the largest and most established provider of alternative resolution.

Q. What if a party refuses to participate?

A. Where the parties are Signatories of the center's Center or where the parties have signed the submission to center/ADR Agreement, unless the law provides to the contrary, Arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present, or to participate if Expedited Arbitration, or fails to obtain a postponement. An Award shall not be made solely on the default of a party. The arbitrator shall require the party who is present to submit such evidence as the arbitrator may require for the making of a decision and the arbitrator shall determine whether or not to accept any evidence or testimony from the absent party and within what timeframe.

Q. What is the center's Code of Conduct?

A. The Code is a set of principles included in the Signatory Agreements of center that cover appropriate conduct in real estate appraisal by the various participants. Further detailed information about the Code is available on the center website.

Q. What is the center's Center for Responsible Appraisals and Valuations (center)?

A. The National Community Reinvestment Coalition (NCRC) is the nation's trade association for economic justice whose members consist of local community based organizations. The center is one of the nation's leading consumer groups in the housing marketplace and as such has created The Center for Responsible Appraisals and Valuations to promote best practices and to handle disputes in residential real estate market valuations.

Q. How are the AAA's dispute resolution services in center/ADR different from other alternative dispute resolution services it provides?

A. The center's Center for Responsible Appraisals and Valuations ADR program (center/ADR), which is administered by the American Arbitration Association, is an online ADR system that has been specifically designed to be an efficient, cost effective process that provides impartial, fair and timely resolution of disputes both between Signatory members of the center Center and Non-Signatory parties. It is accessed only through www.cravonline.com by non-Signatories given temporary credentials to use the system after completing submission requirements.