Plaintiffs2022-01-06T18:50:12-08:00

Frequently Asked Questions

Glossary:

Plaintiff: The party making the Claim.

Defendant: The party against whom the Claim is made.

Claim: The Plaintiff’s legal and factual allegation against the Defendant.

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

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

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

Jurisdiction: The authority granted to the court to hear a case.

Counter Claim: An additional Claim by the defendant against the plaintiff.

Proving My Case When There is a Default (Where Defendant does not respond).2022-06-08T01:16:23-07:00

What type of evidence do I need to upload in the event that the Defendant/Respondent does not join the platform in order to obtain a default Judgment?

If the claim is a breach of  a (monetary) contract (with or without common counts), you have to provide evidence of the contract, its terms, an event of default, demand for payment (the arbitration claim actually serves as the demand once sent to the respondent or served), balance due and an accounting of the monies due and owing. 

Do I get paid once an Award has been issued?2020-11-04T15:03:49-08:00

Not necessarily. The parties are encouraged to resolve the Award after it is issued but if the parties cannot reach an agreement after the Award is issued, the prevailing party is entitled to seek to convert or reduce the Award into an enforceable court judgment. 

What is an Award and what do I do with it?2020-11-04T15:03:32-08:00

Similar to traditional arbitration and mediation, Ejudicate is a private service and renders the parties in a dispute an Award (decision).  Again, similar to traditional arbitration and mediation, the Award will be a one-to-two page document that summarizes the Claim, the E-Judge’s decision, and why they decided in that way. That Award can then, at the choice of the prevailing (winning) party, be filed with the appropriate court to be converted into a legally binding judgment.

Is my Claim or defense a private or public record?2020-11-04T15:01:47-08:00

Because Ejudicate is a private company, the records you submit are stored and encrypted in our secure database and subject to our Privacy Policy. 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.

What if I need advice?2020-11-12T00:00:23-08:00

Ejudicate will not and cannot provide any legal advice or legal assistance.  As such, we recommend that you seek your own independent legal advice from your own attorney.  

What law will the Judge apply to my case?2020-11-04T15:02:55-08:00

The E-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 E-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?2020-11-04T15:03:13-08:00

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.

What’s a judgment?2020-11-04T15:04:45-08:00

In the context of arbitration, a judgment is when a court with proper jurisdiction reduces or confirms the Award and converts into an enforceable court judgment.  

Is the Award legally binding?2020-11-04T15:05:06-08:00

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

If I’m not happy with the decision from the E-Judge, can arbitration be appealed?2020-11-04T15:05:23-08:00

An arbitration Award can only be appealed if the disputing parties agreed to an appealable Award in their original contract or in some other binding agreement.  

What if I lose an Ejudicate Claim?2022-06-08T01:12:13-07:00

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. To avoid future adverse consequences, 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 that.

Is there a cost to use Ejudicate? Who pays?2020-11-04T15:08:09-08:00

The fees to use Ejudicate are paid by the Plaintiff, so there is no up-front cost to the Defendant. However, the Plaintiff may seek reimbursement of those fees through the Ejudicate dispute process and, if the Plaintiff prevails (wins), those fees paid by the Plaintiff to Ejudicate may be included in the Final Award total.  

Our policy is that the party initiating the case is the party responsible for the initial cost of arbitration unless the parties otherwise agree to split or shift those fees. (In those instances the Ejudicate administrator should be contacted to facilitate a shared payment.) 

Have further questions than our FAQs have addressed?2020-11-04T15:09:31-08:00

Please feel free to email us at [email protected]