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Lesson 9 - Init Mailing: Presumptions - CCA / DRP Acceptance

Every arbitration case starts with the formal initial mailing with the request to accept CCA and DRP under this arbitration:

From the experience, this is often a blocking factor especially by respondents.

Here is a proposal to convert the request into a presumption, and lay out sufficient evidence up front to support that presumption.

Following templates can be used by the Case Manager in writing your initial mail under point #1




BernhardFröhlich: I still don't get a grip on the importance of explicitly accepting CCA and DRP. Surely it is a good thing to have, but what if no answer arrives or CCA/DRP is explicitly denied?

Probably the explicit denial of either CCA or DRP is a reason to close a member's account. But what is the impact to the running case? Is it only that we'll have problems enforcing penalties on the (ex-)member, monetary and otherwise? Do we just say "We'll continue as usual, and then we'll see what you will do"?

If a Claimant refuses acceptance the case should be dismissed or modified into a "please close my account" case? Obviously we should not insist on CCA/DRP in "close my account" cases...

What about a non-member (everyone can issue a dispute)? Probably a non-member has to accept DRP, but does she also have to accept CCA? I guess if DRP is not accepted the Arbitrator will dismiss the case?

How about assuming acceptance for members in general? Or at least for members which have received at least one Assurance? Or who have received one Assurance since the new CAP form with the acceptance statement has been installed (let's say start of 2009)? Something like "Since you have requested at least one Assurance I assume that you accept CCA and DRP as stated on the CAP form."?

Arbitrations/Training/Lesson09 (last edited 2011-12-24 13:07:32 by JoelHatsch)