Print page

Please make sure you are in the right section on this page, the first section

at the top is for homeowner Pre-Pay and the next section is for

homeowner/home inspector Share Costs Equally.

 

If your Inspection Agreement or Contract does not specify the method of payment, the CDRS Rules and Procedures requires the homeowner to prepay to required mediation and/or arbitration fees.

Home Inspection Expedited Mediation & Arbitration Procedures Pre-Pay Section

Pre-Pay Section

HOME INSPECTION REQUEST FOR MEDIATION SERVICES - PRE-PAY  (PDF)

HOME INSPECTION AGREEMENT TO MEDIATE - PRE-PAY  (PDF) 

HOME INSPECTION REQUEST FOR ARBITRATION SERVICES - PRE-PAY  (PDF) 

HOME INSPECTION AGREEMENT TO ARBITRATE - PRE-PAY  (PDF) 

HOME INSPECTION EXPEDITED MEDIATION

AND/OR ARBITRATION INFORMATION – HOMEOWNER PREPAY
NOVEMBER 15, 2009

BASIC INFORMATION

     Construction Dispute Resolution Services, LLC specializes in assisting disputing Parties to reach a fair and equitable solution to disputes related to the construction industry. CDRS has construction-knowledgeable mediators and arbitrators located in all 50 states and in Washington DC. It is critical to have a construction-knowledgeable mediator or arbitrator especially when the decision of the arbitrator will be final and binding on the Parties to the dispute. Every member of the “CDRS National Panel of Construction ADR Specialists” (ADR = Alternative Dispute Resolution) has been personally interviewed by Peter G. Merrill, CDRS President and CEO who is a former builder and remodeler and recipient of the New Mexico State Builder of the Year Award and several Local Remodeler of the Year Awards. He currently serves on the Executive Board of Directors of the National Association of Home Builders (NAHB)      Each CDRS mediator/arbitrator also fills out a “Construction Knowledge Questionnaire” where they specify their experience and level of knowledge that they have on all aspects of construction from landscaping to building erection, structural issues, mechanical issues, electric issues, stucco and siding, roofing issues, etc.
     Construction Dispute Resolution Services, LLC (CDRS) strongly recommends the mediation process to settle a dispute relating to the construction industry. Approximately 95% of construction mediations are successful whereby the parties are able to mutually agree to settle their dispute under the direction of a trained construction-experienced mediator. The mediation process is generally far less costly and can be conducted in a more expeditious time table with far less preparation necessary than will be required for the arbitration process and especially as opposed to the litigation process preparing for a full court hearing. As mediations are informal and do not involve any legal motions or processes, many mediations are held without the parties utilizing the services of an attorney although CDRS does recommend that you consider using an attorney for their experience and expertise concerning the mediation process. A full explanation of the mediation process is located elsewhere on this CDRS website in the About Mediation section.
     All CDRS arbitrators are required to complete a special two-day CDRS Arbitration Training Course even though they might be experienced arbitrators already. They are trained on the special CDRS Arbitration Rules and Procedures including both Home Inspection and Home Warranty Arbitration Rules and Procedures. If applicable, Mr. Merrill personally appoints each mediator or arbitrator due to the nature of the case, any special expertise that might be required of the mediator or arbitrator keeping in mind the geographical location of the residence involved in the dispute. A full explanation of the arbitration process is located elsewhere on this CDRS website in the About Arbitration section.


NOTE: IF YOUR INSPECTION AGREEMENT OR CONTRACT CALLS FOR MEDIATION FOLLOWED BY BINDING ARBITRATION, IF BOTH PARTIES MUTUALLY AGREE THAT THEY ARE TOO FAR APART IN THEIR POSITIONS TO BE ABLE TO SETTLE THE DISPUTE THROUGH MEDIATION, THEY CAN MUTUALLY AGREE TO BYPASS THE MEDIATION PROCESS AND GO DIRECTLY TO THE ARBITRATION PROCESS TO ALLOW AN ARBITRATOR TO RENDER HIS/HER FINAL AND BINDING ARBITRATION AWARD TO SETTLE THE DISPUTE. IF EITHER PARTY WANTS TO ATTEMPT TO SETTLE THE DISPUTE THROUGH MEDIATION, MEDIATION SHALL BE UTILIZED AS PER THE AGREEMENT OR CONTRACT.

MEDIATION INFORMATION

INITIATING THE MEDIATION PROCESS

If you are looking to arrange for the mediation process, you will need to fill out two documents to commence the mediation process: The “Home Inspection Request for Mediation Services – Homeowner Prepay” (MRequest) and the “Home Inspection Agreement to Mediate – Homeowner Prepay” (MAgreement). Both documents can be located by simply clicking on the underlined document here in this paragraph or you can locate them at the end of this Home Inspection Information section of this website.
 

HOME INSPECTION REQUEST FOR MEDIATION SERVICES:

1. Fill out the first section of the MRequest form putting your name in as the “Claimant”. Please complete all of the information requested including the name and contact information of your attorney, should you have retained an attorney.

2. Fill out the second section of the MRequest form putting the name of the “Respondent” and their contact information. Please complete all of the information requested including the name and contact information of the Respondent’s attorney, if you have the appropriate information.

3. On page 2, please indicate the nature of the dispute and what your recommendations are to settle the disputed items.

4. Either write a separate check, payable to CDRS, for $350.00 as specified at the end of the MRequest or you can write one check, payable to CDRS, for $1,350.00 that will include the $1,000.00 mediation fee as requested in the Home Inspection Agreement to Mediate as specified below.

HOME INSPECTION AGREEMENT TO MEDIATE:

1. Fill out the Client Information section on the top of the first page.

2. Indicate the nature of the dispute as requested on the top of the form.

3. Read the entire MAgreement.

4. Sign and Date the MAgreement or have your attorney, if applicable, sign and date the MAgreement on your behalf. CDRS requires only the Party or their attorney to sign the MAgreement.

5. Either write a separate check, payable to CDRS, for $1,000.00 as specified in the “Cost of Mediation” section of the MAgreement or you can write a check, payable to CDRS, for $1,350.00 that will include the $350.00 filing fee as requested in the Home Inspection Request for Mediation Services above.

AFTER FILLING OUT BOTH DOCUMENTS AS SPECIFIED ABOVE, SEND THE ORIGINAL DOCUMENTS TO CDRS ALONG WITH THE $1,350.00 FEE, PAYABLE TO CDRS, TO COVER THE FILING FEE AND MEDIATION FEE. KEEP A COPY OF BOTH DOCUMENTS FOR YOUR RECORD. A COPY OF THESE FORMS MUST BE SENT TO THE RESPONDENT BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED AND OBTAINED, OR BY SERVICE AS AUTHORIZED FOR THE COMMENCEMENT OF A CIVIL ACTION AS STIPULATED IN THE LOCAL ARBITRATION STATUTES OR LAWS IN THE JURISDICTION OF RECORD.

HOME INSPECTION MEDIATION PROCESS ADDITIONAL INFORMATION

     After sending your documents and fees to CDRS, a Mediator will be assigned to the case. CDRS will request that the Mediator provide a few dates approximately 30 – 45 days in the future, when the Mediator could come to the residence in question to conduct the mediation session. Those dates will be forwarded to both parties for them to select which dates will be convenient for them. You will be asked to rank the dates that work for you in order of preference. Hopefully, at least one of those dates will be convenient for both parties. If there are two or more dates that are convenient for both parties, the date that has the highest ranking by the Parties will be selected. If both Parties can not agree on a date to hold the mediation session, new dates will be obtained from the Mediator and will again be sent to the Parties for their approval until the Parties have agreed on a date. If the Parties can not agree on a date to hold the mediation session, after a reasonable time has passed, as determined by CDRS, the CDRS Senior Case Administrator will select a date and will notify the Parties of that date.
     After the Parties have agreed on a date to hold the mediation session or have been notified of the mediation date, CDRS will send out an official “Notice of Mediation” that will specify when, where and at what time the mediation session will be conducted along with other general information about the mediation session. It is not necessary for you to send any information to the Mediator prior to the mediation session.
     Hopefully, the Parties will come to a full agreement with the assistance of the Mediator. If the Parties have reached full agreement, the Parties will sign a “Mediation Settlement Agreement” that will specify all of the agreements of the Parties. If there is a partial agreement as to the issues that were addressed in the mediation session, those issues that were agreed to by the Parties will be written on a Mediation Settlement Agreement that will be signed by the Parties. The unresolved issues remaining after the mediation session will need to be referred to the arbitration process where the Arbitrator will render a final and binding decision on the unresolved issues remaining after the mediation session. Please refer to the “HOME INSPECTION ARBITRATION PROCESS INFORMATION” below for details as to how to initiate the arbitration process.

PLEASE CALL CDRS ON OUR TOLL-FREE NUMBER 888-930-0011 IF YOU SHOULD HAVE ANY QUESTIONS OR CONCERNS RELATED TO THE HOME INSPECTION MEDIATION PROCESS.

HOME INSPECTION MEDIATION FEES SUMMARY

Home Inspection Request for Mediation Services – Homeowner Prepay..……………..$350.00
Home Inspection Agreement to Mediate – Homeowner Prepay..……………..………$1,000.00
TOTAL HOME INSPECTION MEDIATION FEES…………..…….………………….$1,350.00

NOTE: THE HOMEOWNER IS REQUIRED TO PAY THE FULL MEDIATION FEES TO CDRS, THE MEDIATION AGREEMENT SHALL DETERMINE WHICH PARTY SHALL PAY FOR THE MEDIATION FEES. IF THE PARTIES CAN NOT AGREE AS TO THE PAYMENT OF THE MEDIATION FEES, THE PAYMENT OF THE MEDIATION FEES MAY BE SUBMITTED TO ARBITRATION AND AS PART OF THE ARBITRATION AWARD; THE ARBITRATOR SHALL SPCIFY WHICH PARTY(S) SHALL PAY FOR THE MEDIATION PROCESS COSTS.

ARBITRATION INFORMATION

INITIATING THE ARBITRATION PROCESS

If you are looking to arrange for the binding arbitration process, you will need to fill out two documents to commence the arbitration process: The “Home Inspection Request for Arbitration Services – Homeowner Prepay” (ARequest) and the “Home Inspection Agreement to Arbitrate – Homeowner Prepay” (AAgreement). Both documents can be located by simply clicking on the underlined document here in this paragraph or you can locate them at the end of this Home Inspection Arbitration Information section.

HOME INSPECTION REQUEST FOR ARBITRATION SERVICES:

1. Fill out the first section of the ARequest form putting your name in as the “Claimant”. Please complete all of the information requested including the name and contact information of your attorney, should you have retained an attorney.

2. Fill out the second section of the Request form putting the name of the “Respondent” and their contact information. Please complete all of the information requested including the name and contact information of the Respondent’s attorney, if you have the appropriate information.

3. Either write a separate check, payable to CDRS, for $350.00 as specified at the end of the ARequest form or you can write one check, payable to CDRS, for $1,350.00 that will include the $1,000.00 arbitration fee as requested in the Home Inspection Agreement to Arbitrate.

HOME INSPECTION AGREEMENT TO ARBITRATE:

1. Fill out the Client Information section on the top of the first page.

2. Indicate the nature of the dispute as requested on the top of the form.

3. Read the entire AAgreement.

4. Sign and Date the AAgreement or have your attorney sign and date the AAgreement on your behalf. CDRS requires only the Party or their attorney to sign the AAgreement.

5. Either write a separate check for $1,000.00 as specified in the “Cost of Arbitration” section of the AAgreement or you can write a check for $1,350.00 that will include the $350.00 filing fee as requested in the Home Inspection Request for Dispute Resolution Services.

AFTER FILLING OUT BOTH DOCUMENTS AS SPECIFIED ABOVE, SEND THE ORIGINAL DOCUMENTS TO CDRS ALONG WITH THE $1,350.00 FEE, PAYABLE TO CDRS, TO COVER THE FILING FEE AND ARBITRATION FEE. KEEP A COPY OF BOTH DOCUMENTS FOR YOUR RECORD. A COPY OF THESE FORMS MUST BE SENT TO THE RESPONDENT BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED AND OBTAINED, OR BY SERVICE AS AUTHORIZED FOR THE COMMENCEMENT OF A CIVIL ACTION AS STIPULATED IN THE LOCAL ARBITRATION STATUTES OR LAWS IN THE JURISDICTION OF RECORD.

HOME INSPECTION ARBITRATION PROCESS INFORMATION

     After sending your documents and fees to CDRS, an Arbitrator will be assigned to the case. CDRS will request that the Arbitrator provide a few dates approximately 30 – 45 days in the future, when the Arbitrator could come to the residence in question to conduct the arbitration hearing. Those dates will be forwarded to both parties for them to select which dates will be convenient for them. You will be asked to rank the dates that work for you in order of preference. Hopefully, at least one of those dates will be convenient for both parties. If there are two or more dates that are convenient for both parties, the date that has the highest ranking by the Parties will be selected. If both Parties can not agree on a date to hold the arbitration hearing, new dates will be obtained from the Arbitrator and will again be sent to the Parties for their approval until the Parties have agreed on a date. If the Parties can not agree on a date to hold the arbitration, after a reasonable time has passed, as determined by CDRS, the CDRS Senior Case Administrator will select a date and will notify the Parties of that date.
     After the Parties have agreed on a date to hold the arbitration hearing or have been notified of the date of the hearing by CDRS, CDRS will send out an official “Notice of Arbitration” that will specify when, where and at what time the arbitration hearing will be conducted. The Notice of Arbitration, in addition to the information concerning the arbitration hearing, will specify a date, approximately two weeks prior to the arbitration hearing date, when the Parties must have submitted to CDRS any information, contracts, photos, inspection reports, estimates or any other information that you would like the Arbitrator to review prior to the arbitration. Two copies of that information must be sent to CDRS and one copy must be sent to the other Party to the dispute.
     After the arbitration has been completed, the Arbitrator will render his/her Arbitration Award and will forward that Award to CDRS within thirty (30) days of the arbitration hearing. CDRS will then send a certified copy of the Arbitration Award to both Parties and/or their attorneys. That Arbitration Award will be binding on both Parties and will only be subject to appeal on very limited procedural reasons as specified in the Federal Arbitration Act. The Parties may request a clarification of the Arbitration Award according to the CDRS Arbitration Rules and Procedures.
     In the event that one of the Parties does not comply with the Arbitration Award, the Arbitration Award can be enforced in any court of competent jurisdiction.
     In the event that one of the Parties attempts to comply with the Arbitration Award in relation to corrective construction actions but does not perform to the acceptance of the other Party, the original Arbitrator who handled the arbitration can be retained through CDRS to return to the residence to conduct a “Compliance Arbitration” to render his/her opinion as to the acceptability of the work performed as specified in the Arbitration Award. That opinion of the Arbitrator will again be binding on the Parties. Information on this “compliance” arbitration service can be obtained by calling CDRS as each case is different and will require specific Arbitrator performance. In special cases, it might be necessary to have a different CDRS Construction ADR Specialist involved in the compliance process if a special expertise is required such as a roofing, plumbing, electrical, structural, architectural or other specialist.
     Additional information on the arbitration process can be found in the About Arbitration section of the CDRS website.

PLEASE CALL CDRS ON OUR TOLL-FREE NUMBER 888-930-0011 IF YOU SHOULD HAVE ANY QUESTIONS OR CONCERNS RELATED TO THE HOME INSPECTION ARBITRATION PROCESS.

HOME INSPECTION ARBITRATION FEES SUMMARY

Home Inspection Request for Arbitration Services…………………...………………..$350.00
Home Inspection Agreement to Arbitrate…………………………………..…………$1,000.00
TOTAL HOME INSPECTION ARBITRATION FEES……………………………….$1,350.00

NOTE: THE HOMEOWNER IS REQUIRED TO PAY THE FULL ARBITRATION FEES TO CDRS AND THE ARBITRATOR SHALL DETERMINE WHICH PARTY SHALL PAY FOR ARBITRATION FEES AS PART OF THE ARBITRATION AWARD

MEDIATION AND ARBITRATION FORMS HOMEOWNER PREPAY

These are the same PDF documents that are listed at the beginning of this section

HOME INSPECTION MEDIATION REQUIRED DOCUMENTS
HOMEOWNER PREPAY

HOME INSPECTION REQUEST FOR MEDIATION SERVICES
HOMEOWNER PREPAY  (PDF)

HOME INSPECTION AGREEMENT TO MEDIATE
HOMEOWNER PREPAY   (PDF)


HOME INSPECTION ARBITRATION REQUIRED DOCUMENTS
HOMEOWNER PREPAY

HOME INSPECTION REQUEST FOR ARBITRATION SERVICES
HOMEOWNER PREPAY   (PDF)

HOME INSPECTION AGREEMENT TO ARBITRATE
HOMEOWNER PREPAY    (PDF)

MEDIATION AND ARBITRATION FEES

HOME INSPECTION MEDIATION FEES SUMMARY

Home Inspection Request for Mediation Services……………………………………..$350.00
Home Inspection Agreement to Mediate.……………………………………..………$1,000.00
TOTAL HOME INSPECTION MEDIATION FEES…………..……………………….$1,350.00

HOME INSPECTION ARBITRATION FEES SUMMARY

Home Inspection Request for Arbitration Services…………………...………………..$350.00
Home Inspection Agreement to Arbitrate…………………………………..…………$1,000.00
TOTAL HOME INSPECTION ARBITRATION FEES……………………………….$1,350.00

Home Inspection Expedited Mediation & Arbitration Procedures Share Costs Section

Share Costs

Equally Section

 

HOME INSPECTION MEDIATION RULES AND PROCEDURES (PDF)

HOME INSPECTION REQUEST FOR MEDIATION SERVICES Share costs equally (PDF)

HOME INSPECTION AGREEMENT TO MEDIATE  Share costs equally (PDF)

 

HOME INSPECTION ARBITRATION RULES AND PROCEDURES (PDF)

HOME INSPECTION REQUEST FOR ARBITRATION SERVICES Share costs equally  (PDF)

HOME INSPECTION AGREEMENT TO ARBITRATE Share costs equally  (PDF)