4 Step Debt ADR Terms & Conditions

Resolute Mediation & Arbitration  (RM&A) Inc ,

4 Step Debt Alternative Dispute Resolution (ADR)

The Arbitration Agreement & Terms of Use is a trilateral contract whereby the parties (Filer and Responder) mutually and voluntarily agree to submit their dispute to RM&A Inc. for either Binding/Non-Binding Mediation or Binding Arbitration. For arbitration, the parties expressly waive their right to a trial in a court of law and forfeit any right to appeal the decision of the arbitrator for any reason whatsoever. Instead of a judge or jury, the parties agree to have a RM&A Inc arbitrator or arbitration panel decide their dispute equitably under Resolute Mediation & Arbitration Inc Guidelines, incorporated herein by link and reference.

Arbitration OATH
Under penalty of perjury, the parties agree to truthfully and fully disclose information relating to the case and swear that all of the testimony and other evidence they submit to RM&A Inc shall be the truth, the whole truth, and nothing but the truth.

GENERAL: A case filed with RM&A Inc is a Request for Arbitration or mediation either in person, virtual or in telephone/web conferencing.

In arbitration, if accepted by the non-filing party(s), the parties agree to have their dispute decided through Binding Arbitration. An Arbitrator (or Panel) will decide all issues submitted, award fair, and just relief as determined by the Arbitrator. Both parties expressly waive the right to litigate the matter submitted for arbitration and any right to appeal RM&A Inc’s decision.

• RM&A Inc reserves the right to refuse to arbitrate any case for any reason.
• RM&A Inc reserves the right to reopen any case for any reason.
• If the parties agree, the Arbitrator can allocate the RM&A Inc fee in the Award.
• The decision of the Arbitrator as to all matters, procedural and substantive is final and binding.
• Either party may seek to confirm the award in any court of competent jurisdiction as allowed by the law of that jurisdiction.

By participating in a RM&A Inc arbitration, parties agree to truthfully and fully disclose information relating to the case. Information disclosed during the arbitration is not strictly confidential, but will not be voluntarily disclosed by RM&A Inc for any purpose. RM&A Inc. does not report anything to anyone about your case. We do not serve as enforcement for any company or organization, public or private.

Mediation: if accepted by the non-filing party(s), the parties agree to have their dispute mediated through Binding or non-binding mediation. The mediator(s) will facilitate discussion either in person, virtual or through telephone /web conferencing. In binding mediation, the parties agree, should they not reach an agreement, they will abide the recommendation of the mediator(s) memorialized in a separate document of any agreement the parties have mutually reached. Both parties expressly waive the right to litigate the matter(s) submitted for mediation.

• RM&A Inc reserves the right to refuse to mediate any case for any reason.
• RM&A Inc reserves the right to reopen any case for any reason.

A. By participating in a RM&A Inc mediation, parties agree to truthfully and fully disclose information relating to the case. Information disclosed during the mediation is strictly confidential, and will not be voluntarily disclosed by RM&A Inc for any purpose. RM&A Inc does not report anything to anyone about your case. We do not serve as enforcement for any company or organization, public or private. The parties agree, that RM&A Inc, its neutrals, or documents cannot be subpoenaed/appear nor testify for any reasons in any parties behalf.

B. EMAIL ADDRESSES: It is the responsibility of the filing party(s) to provide correct email addresses for all parties. RM&A Inc will contact the all party(s) to confirm the Arbitration/mediation Agreement. The filing party(s) must monitor the case status and respond within 10 days to any information requested by the case manager. It is also the responsibility of the filing party(s) that the proper filing administrative fee is paid. Failure to do so will result in the case closure without resolution.

C. TIMELINES:
Arbitration: If the parties make participation a priority, the Arbitrator can close the hearing within 1-3 days and send a written Award explaining the decision and the Arbitrator’s reasons for the decision within 1-2 days. In the event that a party does not respond within a reasonable amount of time (as determined by the assigned Arbitrator), the Arbitrator may close the hearing and issue an Award based on the information submitted to that point.

Mediation: The timeline depends on the forum requested and agreed to by the parties. If the parties make participation a priority, and agreed to virtual binding mediation, the mediation can be completed within a 1-3 days of scheduling. Virtual mediations are conducted via email, chats, or web conferencing. In case manger will prepare a “good faith” effort” memorandum to the filing party and can be used for other methods of resolution to include litigations.

D. FULL DISCLOSURE:
In arbitration, each party will receive copies of all communication, testimony and evidence submitted by the other side, as well as all communications sent by the Arbitrator to either party. No testimony or evidence may be offered confidentially.

In mediation, all communications are confidential. Only, the final mutually signed written agreement will be released to the parties. RM&A Inc does not report any outcome of mediation to any entity or organization unless the parties so requested. Communications required to be discloses by law are not confidential. RM&A Inc adheres strictly to the Florida, 44.403 Mediation Confidentiality and Privilege Act and the Federal Mediation Act.

E. CONFIDENTIALITY: RM&A Inc is committed to maintaining the privacy of all individuals who participate in this alternate dispute resolution processes (mediation/Arbitration). RM&A Inc will preserve the confidentiality of all information and evidence, surrendering such only if ordered to do so by a court of competent jurisdiction or in order to defend against slanderous or libelous statements. The parties are responsible to maintain their own confidentiality. RM&A Inc periodically destroys data beyond its useful life.

• RM&A Inc. Arbitrators will resist testifying if a case that has been arbitrated goes to court for any reason except as necessary to authenticate an award for the purposes of confirming that award in a court of competent jurisdiction. All costs incurred by RM&A Inc. or its Arbitrators in complying with subpoenas must be paid by the requesting party in advance.
• RM&A Inc. will only provide information to a court if required to do so by law.
• RM&A Inc. will report any condition that may present itself as a danger to others.
• RM&A Inc. will not share or use evidence from one case to support claims in a new or additional case regarding the same matters or involving the same parties.
• RM&A Inc. will never sell information provided by the parties.

 F. NEUTRALS: Arbitrators and Mediators for RM&A Inc are skilled professionals and under contract to provide arbitrator/mediation services to RM&A Inc. The neutrals are not employees of RM&A Inc and do not represent RM&A Inc in any capacity other than acting as an Arbitrator for the cases assigned. RM&A Inc and its affiliates hold arbitrator certificates and letters of recommendation on file. Neutrals are independent contractors.

G. PARTICIPATION: Participants must be 18 years or older in order to file a case with RM&A Inc.

H. PAYMENT: Acceptable forms of payment are VISA and MasterCard credit. Submitting your credit card information signifies your consent to share that information with the credit card processor.

WEBSITE LINKS: This website contains links to other websites. Use of these links constitutes your agreement to hold RM&A Inc harmless once you leave our website.

J. GOVERNING STATE LAWS: Services performed by RM&A Inc are governed by laws of the State of Florida. Purchasing the services of RM&A Inc or any reliance on any condition, representation, warranty or implied warranty (none of which are stated and all being expressly disclaimed) signifies an agreement to submit to the personal and subject matter jurisdiction of the courts situated in Orange County, Florida. Participants waive any and all rights to challenge venue or to remove the action to any other court.

K. NOTICE OF CLAIM: Prior to pursuing any claim against RM&A Inc or any Arbitrator or affiliate of RM&A Inc,  customers agree to provide written notice of their claim within 30 days of the alleged incident and to allow RM&A Inc up to 30 days to respond. Failure to provide such notice shall constitute an irrevocable waiver of any such claim.

L. QUESTIONS REGARDING THE ARBITRATION AGREEMENT: Questions regarding the Arbitration Agreement should be directed to: info@resolutemediation.com M. RIGHT OF REFUSAL: RM&A Inc retains the right to refuse to arbitrate or mediate any case at any time and without stated reasons. Use of language or submission of documentary evidence deemed inappropriate, vulgar, or distasteful may be cause for immediate case termination — no fees will be refunded. In any case closed under this provision, RM&A Inc,   in its sole discretion, may choose to either:

i. issue an Award based on the evidence heard to that point, or

ii. decline to issue an Award in the case.

M. STATUTE OF LIMITATIONS: Parties submitting a case for arbitration are deemed to have waived a statute of limitations defense or as stated by contractual agreement.