Arbitration/Mediation/Arbitration law

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Expert: - 10/5/2011


Question
Where in the law does it state that arbitration reports or agreements are confidential (unless court-ordered)?

Thank you,
Chris V.

Answer
Chris:

Arbitration is governed by several "acts". The Federal Arbitration Act (FAA)rules for disputes involving interstate commerce.  These are commercial transactions across state lines. Most business disputes fall here.  All states have passed either a statute based on FAA or the Uniform Arbitration Act.  You should research these (just Google them).

The arbitration will be held under rules established by the body managing the process. You need to get a copy of their rules.  Organizations such as the American Arbitration Association or the National Arbitration Forum have written rules that the parties must follow - such as the confidentiality rule.  Just go to their website and download them.   These rules usually require all participants to sign a confidentiality agreement.  This is your keystone for confidentiality.

One important point.  The proceedings and evidence used is confidential.   The agreement will not be confidential if you need a court to "confirm the judgement" for collection purposes.  You can ask the court for a private hearing and seal the agreement for competitive reasons.

Write back if you need further clarification.

Arbitration/Mediation

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Volunteer

James Abron, P.E., P.L.S.

Expertise

I can answer questions about mediation and arbitration of construction, architectural, engineering, environmental, and land use disputes. I am not an attorney and can not give legal advice.

Experience

I have extensive experience (35 years)resolving claims and disputes within the public works, commercial and residential construction and design industry. I am a registered civil engineer and licensed land surveyor. I have designed, inspected and managed the construction of streets, highways, parking garages, asbestos, lead and hydrocarbon remediation projects, storm and sanitary sewers, bridges, and pumping stations. I have constructed subdivisions and residential homes. I've also managed the construction of apartment buildings and the renovation of a convention center. I served as an arbitrator for the California Contractors License Board. I have mediated contract, construction and other business cases for the Courts and currently serve on several national mediator panels specializing in the construction/engineering industry.

Organizations
2nd Judicial Circuit Court of Michigan Panel of Mediators. CDRS National Panel of Construction Mediators. CDRS National Panel for the Construction Expert Witness. American Society of Civil Engineers. Association for Conflict Resolution. Engineering Society of Detroit ADR Committee.

Education/Credentials
Bachelor of Science, Engineering: Purdue University. Professional Development Degree, Engineering: University of Wisconsin, Madison. Master of Business Administration: Golden Gate University. Certificate – Total Quality Management: California State University, East Bay. Certificate – Conflict Resolution Specialist: Schoolcraft College

Awards and Honors
Fellow: American Society of Civil Engineers. Professional Engineer, State of Michigan. Registered Civil Engineer, State of California. Licensed Land Surveyor, State of California. General Building & Engineering Contractor, State of California. Construction Site Storm Water Operator, Michigan Department of Environmental Quality. Industrial Site Storm Water Operator, Michigan Department of Environmental Quality. Project Management Professional, Project Management Institute. Certified Floodplain Manager, Association of State Floodplain Managers. Certified Construction Contract Administrator, Constructions Specifications Institute.

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