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Take advantage of the NACM/Equilaw arbitration service.

All that is needed to use the NACM/Equilaw Alternative Dispute Resolution forum is an arbitration clause in an agreement or transaction. The following is a sample arbitration clause:

The parties agree to resolve by binding arbitration all claims and disputes arising from or relating to agreements and transactions, including the validity of this arbitration clause. The arbitration shall be governed by the Code of Procedure of Equilaw's National Arbitration Forum (NAF). The applicable Code shall be the Code of Procedure in effect at the time the claim is filed with Equilaw, whose United States administrative office is located at 2124 Dupont Avenue South, Minneapolis, MN 55405. The parties agree to accept service by certified mail, return receipt requested, through the United States Postal Service, of the Initial Claim Documents which begin an arbitration. Judgment upon the award may be entered in any court having jurisdiction.

Include Clause in Application

The Equilaw arbitration clause can be included in any agreement or contractual document involved in a transaction, including a credit application. Copies of a standard credit application which includes an arbitration clause, are available from the National Association of Credit Management.

Arbitration does not replace voluntary efforts to collect, nor does it replace litigation as a method to resolve disputes and accounts payable. After voluntary efforts have been unsuccessful, arbitration can be used.

NACM members may contact their local affiliate offices, which will assist in processing Equilaw arbitration claims. NACM members receive a substantial arbitration fee discount by processing their claims through affiliate offices.

Confirmed arbitration awards are as enforceable as judgments obtained from a court. To set the wheels in motion, the arbitration award must be confirmed to a judgment. All state and federal courts have laws and procedures for this process.

The benefits of arbitration with NACM/Equilaw are many:

* An understandable Code of Procedure that concisely explains to businesses and individuals in plain language their rights and obligations and makes available easy to use forms to guide parties through the arbitration process.

* A reasonable fee schedule which explains all fees up front so the parties know the exact total of costs of arbitration, with no additional hidden fees such as administrative or hearing room costs.

* Fast and fair time periods with disputes and accounts being quickly resolved within one to five months after the Equilaw arbitration begins.

* The appointment of an Equilaw expert arbitrator with an average of 15 years experience from an outstanding national and international panel of arbitrators at the time the hearing is scheduled.

* A choice of either an Equilaw Document Hearing, or an Equilaw Participatory Hearing without complicated rules of evidence or procedure.

Response Has Been Positive

Equilaw has met with the staffs and members from dozens of affiliate offices and industry groups to explain the benefits and procedures of the Dispute Resolution Program. Representatives from Equilaw are available to assist you in providing information about the benefits and advantages of this program.

Copies of the credit application which contains the arbitration clause are available from the NACM Publications Department (five hundred copies--Item #F15--$33.00). Members wishing to participate in the program should contact their local affiliate.

Bill Idzorek is vice president and marketing director Equilaw International, Minneapolis, Minn.
COPYRIGHT 1992 National Association of Credit Management
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1992 Gale, Cengage Learning. All rights reserved.

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Title Annotation:National Assn of Credit Management/Equilaw Alternative Dispute Resolution forum
Author:Idzorek, Bill
Publication:Business Credit
Date:Nov 1, 1992
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