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Case Fee Chart | Guide To Choose A Process | Prepare For Mediation | Supplementary Procedures

Effective September 1, 2005

Introduction: The National Community Reinvestment Coalition (www.center.org) is a national not-for-profit organization whose mission is to increase fair and equal access to credit, capital, and banking services and products because discrimination is illegal, unjust, and detrimental to the economic growth of underserved communities in the US and around the world. center seeks to support, create, and implement long-term solutions, which include providing tools and strategies for building community and individual economic well-being.

Each year, thousands of homes are sold and appraisal and valuation practices that may result in substantial over valuation of the underlying assets are dangerous for everyone. Thus, the center, one of the nation's leading consumer groups in the housing marketplace with over 600+ member organizations, has created the Center for Responsible Appraisals and Valuations (center) to deal with possible abuses.

A voluntary Code of Conduct has been created to encourage participants in the residential real estate industry to adopt these best practices. The center ADR program is a simple and effective dispute resolution system for both Signatory and non-Signatory industry members. The center ADR procedures permit the parties to have Informal Conciliation online, Mediation by telephone, Expedited Arbitration using conference calls and document submissions or traditional in-person Arbitration, when requested.

Cases in the center ADR program are managed by the American Arbitration Association under the AAA's Commercial Arbitration Rules and Mediation Procedures in conjunction with the Supplementary Procedures for center ADR. The arbitrators are members of the AAA's National Roster of Neutrals. The online system for resolving disputes is available in the ADR section of the center website at www.centeronline.com.

The purpose of the Supplementary Procedures is to guide the parties, the mediators and the arbitrators through the online Informal Conciliation Conference, the telephonic Mediation process, Expedited Arbitration and Regular Arbitration. The center ADR process together with the Supplementary Procedures address some of the unique characteristics of appraisal/valuation disputes.

The parties shall be deemed to have made the Commercial Arbitration Rules, Commercial Mediation Procedures and the Supplementary Procedures part of their center Agreement(s) when they become Signatories of the Center and or when they submit their disputes to the center ADR procedures by agreement if they are not Signatory members of the Center.
Supplementary Procedures for Informal Conciliation, Mediation, Expedited Arbitration, and Regular Arbitration in the center ADR Program

SR-1. Agreement of the Parties

a) The parties shall be deemed to have made these Supplementary Procedures, together with the Commercial Arbitration Rules and Mediation Procedures, a part of their Agreement with the center, Center for Responsible Appraisals and Valuations (center). To the extent that there is any variance between the Commercial Arbitration Rules and Mediation Procedures and the Supplementary Procedures, the Supplementary Procedures shall apply. These Supplementary Procedures and any amendments to them shall apply in the form in effect at the time of the commencement of the conciliation, mediation, or arbitration.

b) By agreeing to the center ADR Supplementary Procedures, the parties also agree to the Portal Terms in effect at the time of commencement of the dispute.

SR-2. AAA and Delegation of Duties

When parties agree to arbitrate under these Supplementary Procedures, they thereby authorize the AAA to administer the conciliation, mediation, or arbitration. The authority and duties of the AAA are prescribed in the agreement of the parties and in these rules, and may be carried out through such of the AAA's representatives as it may direct. The AAA may, in its discretion, assign the administration of an arbitration to any of its offices.

SR-3. Informal Conciliation by Parties or Representatives

Prior to filing a Mediation, Expedited Arbitration or a Regular Arbitration, the parties and their representatives may conference online to try to conciliate issues between them via the center portal and the Dispute Resolution tab to access AAA WebFileSM for center ADR.

(a) A Claimant may submit an issue online by entering the dispute resolution system through the center website in the Conciliation Conference (Message) Board and paying the fees prescribed in the fee schedule.
(b) The other party may respond and participate in an online conference.
(c) If the dispute is resolved between the parties, the parties will notify the AAA and the center, including a statement regarding the agreed upon relief or remedies.
(d) The Informal Conciliation Conference shall continue for thirty days from the filing of the dispute, unless the parties notify the AAA that it is resolved or unless any party closes the conference. The parties may continue the conciliation conference beyond thirty days by continued use. In conciliation conferences that remain open after thirty days but not active, the Center may request the AAA to close the conference. The AAA will notify the parties of the closing of the matter along with information about how to proceed to mediation or arbitration.

SR-4. Claim Initiation Process

In order to initiate Meidation, Expedited Arbitration or Regular Arbitration, the Claimant shall submit via the center ADR section on www.centeronline.com the following information:

(a) Contact information on each party, which should be in the database for Signatories and for non-Signatories whom center has granted temporary use of the center ADR system. Contact information for any attorney representatives shall also be provided and must be established in the database by the Center;
(b) Provide a full description of the Claim and an indication of the facts supporting it;
(c) Specific center Code of Conduct infractions;
(d) Specific disputes relating to the infraction;
(e) Copy of the center Agreement;
(f) All supporting documentation, such as relevant letters, emails, or communications that will be used as evidence in the proceeding;
(g) Additional supporting documentation will be accepted upon direction of the mediator or arbitrator;
(h) Payment of fees, hearing deposits where necessary, in advance by credit card.

SR-5. Mediation Procedures

The mediation will be conducted in accordance with the AAA's Commercial Mediation Procedures, as modified herein.

(a) Within seven days of the filing of the mediation by the claimant, the respondent may file an answer or response to the request for mediation and pay the mediation fees; if respondent does not respond to the mediation request or does not pay its fees, the claimant may request a process change to center Expedited Arbitration or Regular Arbitration and AAA will apply Claimant's mediation fee to the arbitration;
(b) In the center ADR system, the parties shall each rank ten potential mediators from the list of AAA Staff Mediators* on the Mediator Ranking site so that the Case Manager can appoint the mediator. Where the parties are unable to agree on a mediator or the mediator is unable to accept the appointment, the Case Manager will appoint a mediator from the list;
(c) The mediation shall in most cases be completed within 30 days of the appointment of the mediator; however, at either party's request, or a joint request by the parties or at the mediator's own determination, the mediation may remain open beyond 30 days;
(d) The mediation shall be terminated: (1) by the execution of a settlement agreement by the parties; (2) by a written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; (3) by a written declaration of a party or parties to the effect that the mediation proceedings are terminated; or (4) if no settlement is reached by the parties within 30 days of the appointment of the mediator, except as noted in (b).
(e) If the parties are unable to settle their dispute through mediation, either party may proceed to file the dispute in Expedited or Regular Arbitration.

*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.

SR-6. center Expedited Arbitration

A claim filed under center Expedited Arbitration procedures will be conducted in accordance with the AAA's Commercial Arbitration Rules, including the AAA's Expedited Procedures therein, as modified by these Supplementary Procedures:

(a) Within seven days of the filing of the expedited arbitration, the respondent may file an answer through the center ADR online program.
(b) The parties are encouraged to agree upon an arbitrator from the center Arbitrator Panel provided on the arbitrator-ranking page. However if they are unable to agree, they must within ten days of the filing of the expedited arbitration each rank 15 prospective arbitrators from the center Arbitrator Panel so that the Case Manager can appoint an arbitrator. If there are no mutual selections by the parties, or if a mutual selection is unable to serve, the AAA will appoint an arbitrator.
(c) The dispute shall be resolved by the submission of documents ("Desk Arbitration"), and will include upon the request of the parties or upon the arbitrator's own directive, a teleconference with the parties.
(d) The Expedited Arbitration shall not exceed one day of arbitrator time.
(e) The arbitrator shall establish a fair and equitable schedule and procedure for the submission of documents and briefs.
(f) The arbitrator is only empowered to award non-monetary relief in disputes brought under these Procedures except for ordering payment of outstanding invoices and/or administrative and neutral fees and expenses in the arbitration.
(g) The Award shall be in writing and issued online by the arbitrator to the Case Site, emailed to the parties, and then the signed, hard copy, mailed to the parties.
(h) Within 20 days after the transmittal of an award, any party, upon notice to the other parties, may request the arbitrator, through the AAA, clarify the award. The arbitrator is not empowered to redetermine the merits of any claim already decided. The other parties shall be given 10 days to respond to the request. The arbitrator shall dispose of the request within 20 days after transmittal by the AAA to the arbitrator of the request and any response thereto. Any clarification to the original award will be issued in the same manner as the original award was issued.
(i) The arbitration shall be completed by settlement or Award within 60 calendar days of confirmation of the arbitrator's appointment, unless all parties and the arbitrator agree otherwise or unless the arbitrator extends this time in extraordinary cases when the demands of justice require it.

SR-7. Discovery

There shall be no discovery in center Expedited Arbitration, except as provided in the exchange of exhibits, or as ordered by the arbitrator in extraordinary cases when the demands of justice require it.

SR-8. Optional Regular Arbitration

A claim filed under the optional regular arbitration procedures will be conducted in accordance with the Commercial Arbitration Rules, before a single arbitrator, as modified herein:
(a) The AAA shall submit via the center ADR online system, an identical list of proposed arbitrators drawn from the center panel and/or the Roster of the AAA after consultation with the parties. The parties will rank the arbitrators on the arbitrator-ranking page.
(b) The arbitrator shall conduct a pre-hearing conference to discuss the future conduct of the case, including clarification of the issues and claims, what type of hearing is most appropriate (e.g. desk arbitration, videoconference hearing, in-person hearing), and any other preliminary matter.
(c) The arbitrator is only empowered to award non-monetary relief in disputes brought under these Procedures except for outstanding appraisal invoices, administrative fees of the AAA and center and arbitrator compensation, along with other costs described in the center arbitration provisions of the Agreement.
(d) The Award shall be in writing and issued online by the arbitrator to the Case Site, emailed to the parties, and then the signed, hard copy, mailed to the parties.
(e) Within 20 days after the transmittal of an award, any party, upon notice to the other parties, may request the arbitrator, through the AAA, clarify the award. The arbitrator is not empowered to redetermine the merits of any claim already decided. The other parties shall be given 10 days to respond to the request. The arbitrator shall dispose of the request within 20 days after transmittal by the AAA to the arbitrator of the request and any response thereto. Any clarification to the original award will be issued in the same manner as the original award was issued.

SR-9. Applications to Court and Exclusion of Liability

(a) No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of the party's right to arbitrate.
(b) Neither the mediator, the arbitrator, the AAA, the AAA employees or affiliated individuals, nor the center, center or any center's or center's employees or affiliated individuals are necessary or proper parties in judicial proceedings relating to the arbitration which has proceeded under these Supplementary Procedures.
(c) Parties to an arbitration under these Supplementary Procedures shall be deemed to have consented that judgment upon the arbitration decision may be entered in any federal or state court having jurisdiction thereof.
(d) Parties to a mediation or arbitration under these Supplementary Procedures shall be deemed to have consented that neither the mediator, arbitrator, AAA, the AAA's employees or affiliated individuals, nor the center or any of the center's or center's employees or affiliated individuals shall be liable to any party in any action of damages or injunctive relief for any act or omission in connection with any arbitration under these Supplementary Procedures.
(e) The mediator, arbitrator, AAA and AAA employees and affiliated individuals, and center and center and the center's and the center's employees and affiliated individuals are incompetent to testify in any judicial, administrative, or similar proceeding, and may not be required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding.
(f) Any person or entity that commences a civil action against or seeks to compel, by subpoena or otherwise, the testimony of the mediator, arbitrator, AAA or an AAA employee or affiliated individual, or the center, the center or the center's or the center's employees or affiliated individuals shall be responsible for the reasonable attorney's fees and other reasonable expenses of litigation of the individual or organization that was subject to the civil action or subpoena.

SR-10. Arbitration in the Absence of a Party or Representative (Ex Parte)

Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to obtain a postponement. An award shall not be made solely on the default of a party. The neutral shall require the party who is present to submit such evidence as the neutral may require for the making of an award.

SR-11. Administrative Fees and Arbitrator Fees

Administrative fees and arbitrator compensation deposits for informal conciliation, mediation, center expedited arbitration and regular arbitration are due in total from the claimant and respondent upon the filing of a claim and or a response. The fees are described in the Fee Chart in these Supplementary Procedures and in the Help tab on center ADR page.