FAQs & Glossary
FAQs
How does eQuibbly Work?
Does it cost anything to use eQuibbly?
How does eQuibbly use my information?
Is my data secure?
Who can see my dispute?
What browsers are supported?
Is video conferencing available?
Can people post anonymously using a display name?
How do I convince others to participate in an online dispute resolution process?
What is Online Dispute Resolution?
What is Mediation?
What is Non-Binding Arbitration?
What is Arbitration?
What style of arbitration is used?
Is the outcome of the vote on eQuibbly legally binding?
What are my options if the other party does not abide by the arbitral award handed down by the arbitrator(s)?
What are my options if I think the arbitrator's decisions is incorrect?
What clause should I put in my future agreements to ensure that eQuibbly is used to resolve any dispute?
What if there is an arbitration clause in an agreement signed by another party, but that party refuses arbitration?
For Mediation, how do I turn-off the Voting and remove the Countdown Timer?
Is real-time chat available for a mediator to have private conversations with each of the Parties separately?
How do I resend an invitation to a Neutral?
How do I hire a professional mediator or arbitrator to help resolve my dispute?
What oath do the professional mediators and arbitrators take before being accepted on eQuibbly?
How do I upload a profile photo or avatar?
How do we contact you?
GLOSSARY
ADR
Arbitral Award
Arbitration
Binding Arbitration
Initiating Party
Neutral
Non-Binding Arbitration
Responding Party
How does eQuibbly Work?
eQuibbly uses an easy process to help you resolve your dispute quickly.
Go to the How It Works page for details.
Does it cost anything to use eQuibbly?
NO - the platform is completely free to use as is! However, if you would like us to customize the application to meet your company's needs, we will give you a quote for the work. You are welcome to use your own arbitrators or mediators, business associates, or advisors to help resolve your disputes. Third-party independent arbitrators and mediators are available for hire on eQuibbly. Their bios and fees can be found on the Arbitrators & Mediators page.
You can also hire eQuibbly as a third-party service provider to resolve your company's disputes. Please contact us using the "Help - Contact us" tab you see on the right side of every page. Or you can find our phone number and email address at the bottom of our "About" page.
How does eQuibbly use my information?
Your information is only available to you and those you choose to share it with. eQuibbly does NOT share or sell your information to third-parties, including advertisers. Please read our privacy policy for more information.
Is my data secure?
The security of your personal information is important to us. When you enter sensitive information we encrypt that information using industry standard SSL and 256-bit encryption technology. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission or storage is one-hundred percent secure so we cannot guarantee its absolute security.
Who can see my dispute?
All disputes are private. The only people who can access the virtual dispute room and see the information posted are the people specifically invited via email to participate.
What browsers are supported?
IE 8 and 9. Chrome 24, 25 and 26. Firefox 19, 20 and 21. Safari 5 and 6.
Is video conferencing available? We plan on adding the ability to video conference with the participants in a dispute if enough customers request this functionality. If you would like us to add this, please let us know. In the meantime you will find audio and video conferencing recommendations on our "Resources" page.
Can people post anonymously using a display name?
Not currently. This is under consideration. If enough customers request this functionality we will implement it. If you would like us to add this, please let us know.
How do I convince others to participate in an online dispute resolution process?
Not everyone will immediately agree to participate in an online dispute resolution process. They may need more information about how the process works and whether it meets their needs. You may want to send them links to two pages on eQuibbly that outline the advantages of using online dispute resolution (ODR): "Why Use eQuibbly to Resolve Your Disputes" and "About eQuibbly".
What is Online Dispute Resolution?
Online Dispute Resolution, commonly known as ODR, is the online version of Alternative Dispute Resolution and commonly includes Mediation, Arbitration, and Non-Binding Arbitration; it is basically any form of dispute resolution that does not rely on litigation and the judicial court system. Arbitration uses a process that is similar to litigation, but without all the formal, complex rules and procedures that govern litigation. It is a private process and is not conducted by the government.
What is Mediation?
When two or more disputing parties are trying to negotiate a settlement, or are at a stalemate in existing negotiations, they may invite a neutral third-party, a "mediator", to help them move toward a negotiated settlement of their own making. Mediation is a less formal process than Arbitration. A mediator's role is to manage the process through which the parties themselves resolve their conflict, rather than imposing a resolution on the parties. They do this by assuring the fairness of the mediation process, facilitating communication, and maintaining the balance of power between the parties. Mediators cannot give legal advice or interpret the law. Mediators are NOT judges - A mediator has no authority to impose a settlement. If mediation is unsuccessful and an agreement cannot be reached, the parties may still pursue all legal remedies, including litigation.
What is Non-Binding Arbitration?
It is very similar to Arbitration. The difference is that in Non-Binding Arbitration the parties in the dispute agree in advance that the decision by the arbitrator(s) will NOT be legally binding - it will not be enforceable in court. It still provides the procedural processes of arbitration, but with an informal hearing on the dispute's merits and without the finality of a binding decision. Non-Binding Arbitration can be especially valuable for disputes where the parties may be too far apart in their viewpoints to mediate and are in need of an evaluation of their respective positions as a reality check.
What is Arbitration?
Arbitration is the submission of a dispute to one or more impartial persons for a final and legally-binding decision. Decisions are made in writing and usually preclude a chance for appeal. Disputing parties refer their disagreement to a mutually acceptable, knowledgeable, neutral and independent third-party, and agree in advance to be legally bound by the their decision. Disputes litigated in court are settled by judges who, while typically expert in law, may or may not have particular expertise in the particular field your dispute pertains to. By contrast, with arbitration, you and the party with whom you are in dispute choose your arbitrator on the basis of his or her expertise and experience in the relevant field. Often, arbitration is significantly less costly than litigation. Parties to the dispute can usually save many thousands of dollars.
What style of arbitration is used?
The style of arbitration used is known as "Baseball Arbitration" or "Final Offer Arbitration", where the arbitrator must choose to award one of the Parties' Proposed Resolutions. The arbitrator cannot award anything other than one of the resolutions proposed by the Parties. The arbitrator may grant any remedy or relief proposed by the winning party that the arbitrator deems just and equitable and within the scope of the agreement of the Parties, including, but not limited to, specific performance of a contract.
Is the outcome of the vote on eQuibbly legally binding?
That depends on whether you choose before posting a dispute to make it binding. When posting a dispute you will have the options of creating a "Private Non-Binding Dispute" or a "Private Binding Dispute".
"Private Non-Binding Dispute": allows you to keep your dispute between you and only those you people you tell eQuibbly to invite to the dispute; no one else can see it. In both mediations and non-binding arbitrations, the outcome of the dispute is not binding, unless the parties agree afterwards to sign a settlement agreement, in which case it's as binding as any contract. Non-binding arbitration may be appropriate in situations where the parties may be too far apart in their viewpoints to mediate, or are in need of an evaluation of their respective positions.
"Private Binding Dispute": eQuibbly provides a pre-arbitration agreement which the Parties sign online. In the agreement the Parties agree to abide by eQuibbly's Arbitration Rules and agree to be legally bound by the arbitrator's decision which is provided in writing in the form of an "Arbitral Award" which is signed online by the arbitrator(s). The arbitral award incorporates the winning resolution. Each party is provided with a copy of the signed agreements.
What are my options if the other party does not abide by the arbitral award handed down by the arbitrator(s)?
Within one year after an arbitral award is handed down by the arbitrator(s), you can apply to a court having jurisdiction to confirm and enforce the arbitrator's decision. Although confirmation requires judicial involvement, it is typically a summary proceeding which is relatively cheap and quick - it is not litigation. The Federal Arbitration Act (and other similar acts in other jurisdictions) expresses a presumption that courts shall confirm arbitral awards. The court plays an administrative role in converting the award into a court judgment. The Party simply has to follow the applicable procedures in a court which has proper jurisdiction, and the confirmed award becomes an enforceable judgment. Notice will also have to so be served on the other party in the manner prescribed by law for service of a notice of motion in that court.
(This is not legal advice and should not be construed as such. You should seek competent legal counsel for any legal advice.*)
What are my options if I think the arbitrator's decisions is incorrect?
Generally there is no right to appeal an arbitrator's award. However, there are a few specific instances where a court may grant an appeal, or vacate or correct the award. There are time limits in which you must make an application to the court; these differ depending on the situation. It is best to seek competent legal counsel in these situations.*
What clause should I put in my future agreements to ensure that eQuibbly is used to resolve any dispute?
The parties to a contract can provide for arbitration of future disputes by inserting the following clause into their contracts:
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration
administered by eQuibbly online at www.eQuibbly.com under its Arbitration Rules, and judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof for enforcement purposes.
What if there is an arbitration clause in an agreement signed by another party, but that party refuses arbitration?
Generally courts in the United States and Canada will compel the other party to participate in the arbitration upon proof that the written agreement to arbitrate exists. Generally if such an agreement exists, even if the other party refuses to participate, the arbitration can proceed in their absence and a court of competent jurisdictions will likely enforce the award. However, there are exceptions to every rule. It is best to seek competent legal counsel in these situations.*
For Mediation, how do I turn-off the Voting and remove the Countdown Timer?
If you are conducting a mediation, the mediator (and only the mediator) has the option of turning-off the voting and the countdown timer. To do so, hover over the timer and click on the option to "Remove Timer & Voting". Be careful since this cannot be undone.
Is real-time chat available for a mediator to have private conversations with each of the Parties separately?
Yes. Private real-time "chat" is available in the Non-Binding Dispute rooms since it is typically used for mediations but not for arbitrations. After both Parties have posted their side of the dispute and at least one Neutral has accepted an invitation to participate, the Parties and the Neutral will see the "Private Chat" button above the dispute. Anything sent through the chat window will remain permanently in that window even if you close it and log out. If the Party you are sending a chat message to is not logged into the dispute at the time, they will see the message the next time they log into that dispute and open the chat window.
The first Neutral to accept an invitation to participate in the dispute resolution is assumed to be the leader of the discussion and will be able to use the real-time chat with each of the Parties and each of the other Neutrals individually. The other Neutrals and each of the Parties can only use the real-time chat with the lead Neutral; they cannot use it to chat privately with each other (although anything posted in the "Follow-ups" and "Discussion" section is instantaneous, it can be seen by everyone participating in the dispute). To chat with a particular participant, the lead Neutral has to click the name of that participant at the top of the chat window, then type the message and click the "Send" button (for a keyboard shortcut to send the message, use the
In the chat window there also is a "My Notes" tab. You can record notes about the dispute in this section for future reference; only you will be able to see your notes. Your notes are also permanent and will remain there even if you close the chat window or log out.
You can minimize the chat window on the page when not in use by clicking the "-" symbol at the top right of the chat window.
How do I resend an invitation to a Neutral?
Go to the dispute you created by clicking on the "My Disputes" menu at the top of the screen, find your dispute in the appropriate section on the left menu, click on your dispute, click on the "Manage Neutrals" button in the blue bar above your dispute, click on the "x" beside the neutral you would like to resend the invitation to, fill in the information again and click on the "send" button at the end of that line.
How do I hire a professional mediator or arbitrator to help resolve my dispute?
There are two ways to hire a professional mediator or arbitrator:
First log into your account. Start by clicking the "Post Dispute" button at the top of the screen and choose one of the "Private" dispute options. For mediation choose the "Private & Non-Binding" option. For binding arbitration, choose the "Private & Binding" option. When you get to the step that allows you to invite Neutrals you will see a section titled "Invite a Professional Arbitrator or Mediator" and below it a drop down menu to select a Neutral. There is a link beside this labeled "view list" that will open another tab in your browser with a list of the available professional Neutrals you can hire; or
Start by browsing the "Arbitrators & Mediators" page for a Neutral whom you would like to hire and click on the "Hire" button to start the process of posting your dispute and hiring that Neutral.
Note that by hiring a Neutral you are creating an agreement between you and the Neutral as an independent contractor. eQuibbly is a third-party and is not a party to this agreement.
What oath do the professional mediators and arbitrators take before being accepted on eQuibbly?
Prior to being approved for listing on eQuibbly, the professional Neutrals have to accept the following oath:
I do solemnly swear and affirm that I understand and I will:
Provide truthful and accurate information to all Parties and eQuibbly about my qualification, experience and credentials.
Fairly, impartially and justly conduct my activities as a neutral based only upon the merits of each case.
Disclose to all Parties and eQuibbly as soon as possible any information which could call into question my impartiality or lack of independence.
Conduct my activities as a neutral in a prompt and professional fashion.
Comply with all applicable ethical rules, regulations and standards as from time to time adopted by eQuibbly, or by the ADR and ODR industry in North America.
Diligently apply all rules and procedures as agreed upon by the Parties or specified by eQuibbly.
Keep all information obtained from the Parties confidential and not disclose that information to any other individual, nor use that information other than for the sole purpose of executing my duties as a Neutral, without the express consent and authorization of all of the Parties.
Be solely responsible for any collection of money from the Parties as fees for services I provide on eQuibbly.
How do I upload a profile photo or avatar?
Go to your account profile by clicking on your name at the top right corner of the screen. Choose "Edit Profile". Next to the "Avatar" label click the drop-down menu and choose "Custom" for a photo you have saved on your computer or "Gravatar" if you have a Gravatar. Click on the "Choose File" button and choose the file you want to upload from your computer. The photo you choose should be smaller than 3MB. Then click the blue "Update" button near the bottom of the page to save it to your profile.
How do we contact you?
If you have any questions, first look at the FAQs page on eQuibbly and if the answer is not there, contact us using the "Help - Contact us" tab you see on the right side of every page. Or you can find our email address at the bottom of our "About" page. We will make every effort to get back to you within 24 hours and typically much sooner .
GLOSSARY
ADR
Alternative Dispute Resolution. An ADR process is a method of resolving a dispute out of court. Mediation and Arbitration are the most widely used ADR processes.
Arbitral Award
An arbitral award or "arbitration award" refers to a decision made by an arbitrator or an arbitration tribunal in an arbitration proceeding. An arbitral award is analogous to a judgment in a court of law.
Arbitration
In arbitration, the Parties submit a dispute to an impartial person(s) (the arbitrator) for a decision. Each party can present evidence to the arbitrator. Arbitrators do not have to follow the Rules of Evidence used in a court of law. Arbitrators follow a set of rules established by eQuibbly and are encouraged to be fair and equitable in their decisions rather than apply legislated law or laws established by the courts known as "common law".
Arbitrators decide cases with a written decision or "arbitral award". An arbitral award can either be "binding" or "non-binding" depending on what the Parties agree to prior to arbitration.
Binding Arbitration
In Binding Arbitration the parties in the dispute agree in advance that the decision by the arbitrator(s) will be legally binding and enforceable in court. The decision and the award made by the arbitrator(s) is legally binding and must be honored by both Parties. Usually a court will not allow a decision or award to be appealed.
Initiating Party
The person initiating the dispute resolution process (also known as the claimant).
Neutral
A Neutral is someone who is a mediator, arbitrator, or other independent, impartial person selected to serve as the independent third-party in an alternative dispute resolution process.
Non-Binding Arbitration
It is very similar to Arbitration. The difference is that in Non-Binding Arbitration the parties in the dispute agree in advance that the decision by the arbitrator(s) will NOT be legally binding - it will not be enforceable in court. It still provides the procedural processes of arbitration, but with an informal hearing on the dispute's merits and without the finality of a binding decision. Non-Binding Arbitration can be especially valuable for disputes where the parties may be too far apart in their viewpoints to mediate and are in need of an evaluation of their respective positions as a reality check.
Responding Party
The person the Initiating Party is in a dispute with (also knowns as the defendant).