Frequently Asked Questions

What is eJudicate?

eJudicate is a private arbitration and judicial reference service that is conducted exclusively online. Plaintiffs and Defendants can bring their disputes to eJudicate and eJudicate will evaluate the evidence presented and render a legally-recognized Award (Decision) for one party or the other.

Why eJudicate?

eJudicate was designed to eliminate the many flaws facing our judicial system today including delays, costs, legal fees, lack of technology, unavailability of judges or courtrooms and many more issues facing our overburdened courts. Even a small case can take many years and cost many tens of thousands of dollars (or more) in legal fees, time and other expenses. eJudicate was designed by lawyers and technology specialists to (1) streamline this process; (2) provide convenient digital access to participants; (3) provide a predictable timeline of events; and (4) to cut costs significantly.

eJudicate also eliminates the burdensome step of what is known in legal terms as “discovery.” Discovery is a process that that creates mountains of paperwork that can take months to prepare and respond to, and can also take several different days of in-person testimony with lawyers of both sides present—resulting in serious delays and significant costs. With eJudicate, Each party is given the option to Make their Case in full and present any and all of their evidence supporting their own position. Outstanding questions, if any, will be asked by the eJudicate Judge, and only on an as needed basis.

eJudicate also knows that some lawsuits or claims are too complex for an online system and that there are other alternatives to resolving those disputes. As such, eJudicate has set a list of categories that are optimal for eJudicate to review and judge and has set a claim limit of up to $150,000 on the claims it will decide.

What is a Claim?

A Claim is the Plaintiff’s allegations against the Defendant for which the Plaintiff is seeking remuneration (money). Claims are based on the facts and legal positions of the Plaintiff for which the Plaintiff believes compensation is warranted. With eJudicate, Claims are prepared by filling out information online, with a simple step-by-step process.

What types of cases will eJudicate hear?

Collection, Construction, Contract, Employment, Finance / Banking, Insurance Coverage, Landlord / Tenant (commercial), Landlord / Tenant (residential), Personal Injury, Real Estate (commercial), Real Estate (residential).

How much does eJudicate cost?

The eJudicate cost is based on the amount of your claim, and covers the entire eJudicate process. 
Traditional lawsuits, mediation or arbitration can cost many tens of thousands of dollars in legal fees. This does not include the cost of your time or other related expenses. eJudicate streamlines the lawsuit process, providing convenient digital access and lower costs, all while staying legally compliant. 

Claim Amount Your Cost
Up to $50,000 Up to $5,000
Up to $100,000 Up to $8,500
Up to $150,000 Up to $12,500

Who pays for eJudicate?

The eJudicate cost is paid for by the Plaintiff at the time a claim is finalized and submitted to the Judge for review.  The eJudicate cost may be eligible for recovery (to be paid back to Plaintiff) from the Defendant, if the judge decides the matter in the Plaintiff’s favor and the Plaintiff is legally or contractually entitled to have that cost paid by Defendant. If that cost is payable by the Defendant, such cost will be reflected in the Award issued by the eJudicate Judge. 

Who can use eJudicate?

eJudicate is available to anyone with a legal claim that fits within our guidelines by category and claim amount.  

Typically, if you have an arbitration clause in your agreement or contract, and/or if a court has ordered you (and the opposing party) to arbitrate and/or if both parties agree to submit their claim to eJudicate, then eJudicate can evaluate and decide your dispute, and eJudicate’s decision will be recognized by any court of law in the United States.

How does eJudicate work?

A Plaintiff (the one creating the Claim) can sign up and immediately present their claim and upload and submit all of their supporting evidence. The Plaintiff can save their Claim in the eJudicate system and return to their Claim at a later time to complete it.  eJudicate will notify the Defendant of the Plaintiff’s claim and provide the Defendant with the opportunity to respond to the claim and upload and submit their own evidence.  Once the Plaintiff reviews the Defendant’s response, they each get another round to Respond (Counter) if they so choose. Then the Claim is submitted to a pre-selected Judge who will then review the evidence, ask questions if necessary and make a decision (render an Award).  All of this happens within a six-month time frame.

How long does the eJudicate process take?

Six months, start to finish. A fraction of the time it takes traditional courts, arbitration or mediation to decide a case. eJudicate believes that timeliness and predictability are important aspects to resolving a dispute.

I received an unsolicited email from eJudicate stating that I am a Defendant in an eJudicate case. What does this mean?

If you received a notice of a claim filed against you, you can register on eJudicate and then you will be able to review that claim (registration is not an admission of responsibility).  You can then respond to that claim and have it submitted to the Judge for resolution. Registering with the eJudicate system as a Defendant is NOT an admission of responsibility.

Do I need a lawyer?

eJudicate is designed for anyone to use the service but you are not precluded from hiring a lawyer if you feel you require a lawyer’s assistance.  eJudicate does not encourage or discourage the use of attorneys for these disputes and it is up to the Plaintiff and Defendant to each decide if they require legal assistance.  If you decide to have a lawyer handle your Claim for you, your lawyer simply logs in as you and completes the eJudicate process for you.

How long does eJudicate take to decide my claim?

eJudicate will take no more than six months to decide a claim (if all evidence is submitted in a timely manner).

Who are the eJudicate Judges?

eJudicate selects its Judges through an application process.  Exactly like traditional arbitration and mediation requirements, our eJudicate Judges must have at least ten (10) years experience as a lawyer, must not have any disciplinary actions against them and must identify their areas of expertise.   Our Judges are also evaluated on the quality and timeliness of their awards as well as through feedback from participants on eJudicate.

How is a judge assigned to my case?

A judge will be assigned to a Claim based on the Judge’s expertise and availability.  eJudicate will take every step necessary to find the most qualified and available Judge for each Claim. 

How are Claims decided?

Once the Judge is provided with all of the evidence from the Plaintiff and the Defendant, the Judge will review all of the evidence and apply applicable law to make a final determination of the merits of the Claim.  Once the Judge completes their analysis and decision, that decision will be provided in writing in the form of an Award.  The Award will be issued to both parties simultaneously.  The prevailing (winning) party can then, in accordance with the applicable law, submit that Award to the relevant court to be reduced or converted into an official Court Judgment. 

Can I get a refund?

Once you have submitted your Claim, typically there is no refund.

If you submit a claim that is not subject to arbitration (by your contract, by court order or by agreement of the parties) and your Defendant refuses to participate in the eJudicate arbitration, then it is up to you, as Plaintiff, to seek the appropriate court order or acquiescence (agreement) of the Defendant to participate in the eJudicate process. 

In special circumstances, at eJudicate’s full and sole discretion, a partial refund (minus a holdback of up to $1,000 to cover administrative costs) may be returned to the Plaintiff if the Claim is not eligible for eJudicate because it is outside the eJudicate guidelines. 

Can I contact the Judge directly?

We take communications with the Judge as seriously as any court of law would.  So, all communications to the Judge are only at the Judge’s request and only through the eJudicate Dashboard. No communication is allowed with the Judge outside of the eJudicate Dashboard.  All Judge communications will be sent simultaneously to both parties as will any responses responses so that there is full transparency between the parties and the Judge. If you contact our eJudicate Judge outside of the eJudicate system on an active eJudicate case, our Judge is precluded by law (not allowed) to reply or otherwise engage with you.

What is an Award and what do I do with it?

After review of the evidence provided, will issue an Award (decision) to the parties.  The Award will be a written document that summarizes the dispute and the Judge’s decision. That Award can then, at the choice of the prevailing (winning) party, and in accordance with the governing law, be filed with the appropriate court to be converted into a legally binding Judgment. 

Is the Award legally binding?

Yes, it is a final determination of the merits of the dispute (Claim).  But to become legally enforceable, the prevailing (winning) party must file the Award with the appropriate court, subject to the appropriate legal requirements, to convert it into a court Judgment. 

Can I recover my fees and costs, including my fees paid to eJudicate or paid to my lawyer?

It depends if your claim is eligible for a return of attorney’s fees and costs.  eJudicate will ask you, when you upload your claim or your defense if it is eligible for recovery of your fees and costs.  It’s also ok if you don’t know; the Judge will always make a final determination based on the law as to recovery of fees and costs.  The Judge will confirm whether a recovery of attorney’s fees (being paid back for your out-of-pocket) and your costs is appropriate.  Any Award (decision) for attorney’s fees and other costs will always be, per federal and/or state law, at the discretion of the Judge.  

Are the Judges supervised?

Exactly like traditional arbitration and mediation, eJudicate Judges are independent triers of fact and their decisions and determinations are their own. However, we have an Oversight Committee that will review some Awards before they are finalized to ensure quality and accuracy. If the Committee has any questions about any Award it will give those questions to the Judge as need be, prior to the Judge rendering their Award. The committee will never ask a Judge to change their legal determinations.   

Is there a Discovery phase?

Due to the nature of the claims that eJudicate will decide, discovery by the parties is not permitted.  However, the Judge is allowed to ask substantive questions of the parties at their own discretion and only if needed.  

Can eJudicate offer me legal advice or a lawyer?

No. eJudicate is neutral (not partial to either side of a Claim) and cannot render legal advice or provide referrals for attorneys to represent parties in an eJudicate Claim. eJudicate cannot and will not provide the parties with any legal advice.

Can I modify or edit my claim?

eJudicate provides you with an easy to use structured Claim review and response protocol (with an associated time frame) that allows you to modify parts of a claim at certain stages.  Once the Claim is finalized and submitted by eJudicate to the Judge, the Judge will consider all information and evidence submitted in their final Decision (Award). 

What information / evidence do I need to provide to the Judge to make my claim or create my response?

eJudicate will give you with the opportunity to provide the facts and circumstances that you feel prove your Claim (supporting evidence) and will request that you upload all supporting evidence in the form of documentation (files, emails) or pictures.  That evidence plus your written Claim or response will be reviewed by the Judge to determine whether your claim is supported by the evidence you provided.  

What if I lose an eJudicate Claim?

Unfortunately, in every dispute there are winners and non-winners.  Once an Award is rendered (posted) by eJudicate, it is up to the prevailing (winning) party to have that Award converted into a Judgment.  All of the parties’ rights (Plaintiff or Defendant) are preserved in connection with that Judgment process.   Many parties will try and resolve the matter informally at this stage before the Award is converted to a Judgment but that is up to the parties themselves to try and accomplish any post-Award resolution.

Is my claim or defense a private or public record?

Because eJudicate is a private company, the records you submit are stored and encrypted in our secure database. However, because this is a legal dispute those records may, at some point, become part of a public filing after an Award has been rendered.

For your peace of mind, our site is hosted on a FedRAMP compliant platform.

Can I use my credit card to pay the eJudicate fees?

Yes, we take all major credit cards via the globally trusted Paypal system. 

Can I appeal an eJudicate decision?

No. Typically (and in most circumstances) as in most arbitration, eJudicate Awards are not appealable. 

Can I file a counter-claim or cross-claim through eJudicate?

If you are a Defendant, you can file any cross-claim or counter-claim as a new claim.  You must indicate that this new Claim is related to an already filed eJudicate claim.  

Can I collect my Award through eJudicate?

eJudicate does not assist in the collection of Awards or Judgments.

What law will the Judge apply to my case?

The Judge will typically apply the law of the state in which the claim arose, unless there is an agreement or contract that requires the application of a different jurisdiction’s law.  If there is a dispute as to which law applies, the Judge will evaluate that aspect of the dispute and make a determination as to which law applies. 

Can I provide legal citations (caselaw) to the Judge if I believe they support my claim or defense?

Yes.  You can provide these when you Create Your Claim or upload and describe your evidence before the case is finalized and submitted to the Judge.

Is there a live or in-person hearing with the Judge?

No, eJudicate Judges decide cases on the merits and facts submitted by the parties through the eJudiciate portal. The parties, by using eJudicate, streamline the process by waiving a live hearing. If the eJudicate judge has any questions, those questions will be submitted to the parties.

Have further questions than our FAQs have addressed?

Please feel free to email us at questions@eJudicate.com and we will do our best to answer your questions. 

If the question is legal in nature we may advise you as such and we will not be able to provide you with an answer as eJudicate is precluded from providing any legal advice to its participants.   

Glossary

Plaintiff: The party making the claim.

Defendant: The party against whom the claim is made.

Claim: The Plaintiffʼs legal allegation against the Defendant.

Judge: The party deciding who prevails (wins) in the dispute.

Discovery: The process in which the parties request information from each other.

Award: Determination by the Judge as to who prevails (wins) the dispute.

Dashboard: Collated information about your claim(s) that you can access once you register and complete the steps in the Plaintiff or Defendant process.

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