Arbitration

Rules of Small Claim Arbitration

Rules for two party arbitrations wherein the principal demand in dispute is $20,000.00i  OR LESSii

 
INTRODUCTION

maps Small Claim Rules are designed to provide each party with a process for the arbitration of cases wherein the principal demand is $20,000.00 or less and involves only two parties. These Rules are also intended to provide both Parties:

  1. With an expeditious method of resolving small claims
  2. An economical method of resolving small claims
  3. Procedural and substantive due
 
APPLICABILITY

maps Small Claim Rules shall not be construed to supersede any provisions in the Parties’ contract to arbitrate. Any conflicts arising between these maps Small Claim Rules, maps Rules of Procedure for Arbitrations Conducted by a Single Arbitratoriii, and the Parties’ contract shall be construed in favor of the Parties’ contract to arbitrate.

PROCEDURE
  1. The Claimant (the party initiating the case to maps for arbitration) shall send to maps the following:
  • A copy of the portion of the parties’ contract agreeing to arbitration
  • The Claimant’s Initial Contract to Arbitrate with maps
  • Contact information for the Respondent (the person or entity against whom the Claimant seeks an award)
  • The fee or deposit applicable to the case
  • mapsGeneral Arbitration

All paperwork, except the fee or deposit, shall be submitted via electronic media.

  1. When all paperwork and fees or deposits have been submitted to maps, a Case Manager will send via USPS certified return receipt mail, to the Respondent along with the following:
    1. The Respondent’s contract to arbitrate with maps
    2. maps’ fee schedule
    3. A copy of the maps Small Claim Rules and maps’ General Arbitration Rules

Thereafter both Parties are responsible for complying with the response times contained in rules 4 and 6 of maps’ General Arbitration Rules.

  1. Notwithstanding any agreement between the Parties in their contract to arbitrate, the Claimant is responsible for full payment of the deposit. It is the responsibility of the Respondent to pay 50% of the fee. Upon full payment by the Respondent, the Claimant shall be reimbursed 50% of his/her/its initial
  2. When both contracts are received, an Arbitrator Selection Sheet will be forwarded to both Parties containing the names of 3 experienced Arbitrators from maps’ arbitration panel. The Parties are reminded to review the deadlines contained in maps’ General Arbitration
  3. In the event the Respondent fails to respond timely to the Claimant’s complaint, a default judgment may be taken by the Claimant upon submitting a prima facia case. A timely response is defined in maps’ General Arbitration Rules 4 and
  4. In cases wherein the principal demand amount is $3,500 or less, the matter shall be decided by the chosen Arbitrator upon written documents only. The term “written documents” includes, but is not limited to: affidavits, written arguments and any other documents supporting the Parties’ position. If a Party submits voluminous documents, the Party shall submit an outline of the documents and the page numbers that support that Parties’ position. In cases wherein the principal demand amount in dispute is $3,500 or less, the Arbitrator’s time is limited to one
  5. maps’ General Arbitration Rules are hereby amended as follows:
    1. Rule 8 is amended as follows:
      1. Discovery motions and other interlocutory motions shall not be heard by the Arbitrator in cases in which the principal demand amount is $10,000 or less. The Parties are encouraged to settle their discovery disputes, if any.
      2. In cases in which the principal demand amount is $5,000 or less, no dispositive motions shall be heard by the Arbitrator.
      3. In cases in which the principal demand amount is $5,000 -$10,000, the Arbitrator shall decide one dispositive motion.
      4. In cases in which the principal demand amount in dispute is $10,001-$20,000, the Arbitrator’s time on discovery motions shall be limited to 2 hours. Dispositive motions shall be allowed.
    2. Rule 10 is amended as follows:
      1. In cases in which the principal demand amount in dispute is $10,000 or less, interlocutory disputes of any other shall not be heard by the Arbitrator.
    3. Rule 11 is amended as follows:
      1. In camera inspections shall not be allowed in any small claim case.
    4. Rule 16 is amended as follows:
      1. In cases in which the principal demand amount in dispute is $10,000 or less, written reasons shall not be rendered by the Arbitrator.
    5. Rule 18 is inapplicable to small claims. iv
    6. Rule 20 is amended as follows:
      1. The Arbitrator shall not order the Parties to record the proceedings in any small claim case.
i The “Principal Demand” excludes interests and costs as allowed by Louisiana Law. Attorney’s fee shall be allowed only if the parties’ agreement to arbitrate specifically allows for such relief, or the statute or law applicable to the facts of the case allows for attorney’s fees.
ii  maps Small Claim Rules
iii maps General Arbitration Rules
iv The motion rules to not apply to motions for entry of a default in accordance with Rule 13.
revised 2017-04-11