How it works
Arbitration Rules & Procedures
Preamble
These Social Repair Dispute Resolution Rules ("Rules") establish a structured process for resolving disputes with respect, privacy, and professionalism. The Rules integrate facilitation, mediation, and arbitration procedures designed to preserve relationships while achieving fair and enforceable outcomes. All proceedings are governed by Delaware law and administered in accordance with the American Arbitration Association ("AAA") Commercial Arbitration Rules, as supplemented herein.
Rule 1. Agreement to Social Repair
By agreeing to Social Repair, parties and their Representatives commit to resolving disputes through the procedures set forth in these Rules. Agreement may be evidenced by:
Electronic acceptance (clickwrap or similar mechanism);
Execution of a contract containing a Social Repair provision, Conscious Contract®, or similar dispute resolution clause; or
Post-dispute written agreement to participate in Social Repair proceedings.
"Representatives" includes officers, directors, employees, agents, attorneys, and any other persons acting on behalf of a party.
Rule 2. Amendments and Version Control
These Rules may be amended from time to time. The version in effect at the time a proceeding is initiated shall govern that proceeding. The arbitral tribunal may modify procedural details to promote fairness, efficiency, and clarity, provided such modifications do not conflict with applicable law or the parties' agreement.
Rule 3. Governing Law and Seat of Arbitration
All proceedings are governed by Delaware law. The seat of arbitration is Wilmington, Delaware. Hearings and conferences may be conducted remotely at the tribunal's discretion or by party agreement.
Rule 4. Three-Phase Dispute Resolution Process
Disputes shall proceed through the following sequential phases:
Phase I: Facilitation
Within thirty (30) days after written notice of a dispute, the parties shall participate in facilitation with a certified Conscious Contracts® Facilitator or comparably trained neutral. Facilitation focuses on understanding each party's Optimal Outcome and identifying opportunities for resolution.
Phase II: Mediation
If facilitation does not resolve the dispute, the parties shall participate in mediation administered by AAA within forty-five (45) days after facilitation concludes.
Phase III: Arbitration
If mediation does not resolve the dispute, the matter shall proceed to final, binding arbitration administered by AAA in Wilmington, Delaware under the AAA Commercial Arbitration Rules, as supplemented by these Rules.
Rule 5. Arbitral Tribunal Composition
All arbitrations shall be heard by a three-arbitrator panel comprising:
Social Arbitrator: An arbitrator with expertise in social and organizational dynamics. Minimum qualifications include: (i) an active professional license (LPC, LMFT, LCSW, or licensed Psychologist); or (ii) a recognized ADR credential or roster membership (IMI, AAA, JAMS, or CPR).
Finance Arbitrator: An arbitrator with expertise in real estate, private funds, nonprofit organizations, finance, tax, or accounting.
Law Arbitrator: A law-trained arbitrator who shall serve as chair of the tribunal by default.
Rule 6. Arbitrator Selection
Arbitrators shall be selected as follows:
Each party shall appoint one arbitrator within twenty (20) days of the demand for arbitration.
The two party-appointed arbitrators shall select the chair within fifteen (15) days of their appointment.
If either party fails to appoint an arbitrator, or if the party-appointed arbitrators fail to agree on a chair, AAA shall make the appointment consistent with the qualification criteria set forth in Rule 5 (or the closest reasonably available match).
Chair Alternative: By joint party agreement—or upon a showing to AAA that the dispute is primarily relational in nature—the Social Arbitrator may serve as chair in lieu of the Law Arbitrator.
Rule 7. Authority of the Tribunal
The arbitral tribunal has authority to:
Determine its own jurisdiction, including objections to arbitrability;
Apply these Rules and applicable law;
Receive and evaluate evidence;
Structure proceedings for fairness, efficiency, and proportionality; and
Issue procedural orders, interim measures, and final awards.
Rule 8. Communications
All communications shall be conducted through electronic means, including email, secure portals, and other platforms approved by the administrator. Electronic communications shall have the same effect as written correspondence. Parties are responsible for monitoring designated communication channels and providing timely responses.
During facilitation and mediation phases, private communications between the neutral and individual parties are permitted. Once arbitration commences, all communications with the tribunal must include all parties.
Rule 9. Time Computation
Unless otherwise specified, all time periods are calculated in calendar days. When computing time, the day of the triggering event is excluded, and the last day of the period is included. If the last day falls on a weekend or legal holiday in Delaware, the period extends to the next business day.
Rule 10. Initiating Arbitration
A party may initiate arbitration by submitting a written demand to AAA that includes: (i) a statement of the claims and factual basis; (ii) identification of the applicable agreement and dispute resolution clause; and (iii) a statement of the relief sought. The respondent shall submit a response and any counterclaims within twenty-one (21) days of receipt of the demand. Counterclaims are subject to the same procedural requirements.
Rule 11. Challenges to Jurisdiction
Any challenge to the tribunal's jurisdiction must be raised within fourteen (14) days of the constitution of the tribunal. The tribunal may suspend proceedings pending resolution of jurisdictional objections or address such objections as a preliminary matter.
Rule 12. Costs and Fees
Each party shall bear its own legal fees and costs. AAA administrative fees and arbitrator compensation shall be shared equally between the parties unless otherwise agreed. The tribunal may, in its discretion, award reasonable attorneys' fees and costs to the prevailing party. Fee waivers or adjustments may be requested through AAA's established procedures.
Rule 13. Interim Relief
Either party may seek interim equitable relief from a court of competent jurisdiction without waiving the right to arbitrate. The tribunal, once constituted, may issue interim measures including orders for preservation of evidence, protection of confidential information, and maintenance of the status quo pending final resolution.
Rule 14. Case Management and Discovery
Proceedings shall employ proportionate procedures with a documents-first approach and focused discovery. The tribunal shall conduct a preliminary conference to establish:
A procedural schedule and case management order;
The scope and timing of document production;
Whether depositions or other discovery is warranted; and
Hearing format and logistics.
Discovery shall be limited to information directly relevant to the claims and defenses. The tribunal retains discretion to deny or limit discovery requests that are disproportionate, unduly burdensome, or duplicative.
Rule 15. Hearing Procedures
For claims under $250,000, the tribunal may decide the matter on documentary submissions unless either party requests a hearing or the tribunal determines a hearing is warranted. For larger or more complex disputes, hearings shall be conducted remotely unless the parties agree or the tribunal orders otherwise. All parties shall be afforded equal opportunity to present evidence and argument.
Rule 16. Awards
The tribunal shall render a final award within one hundred twenty (120) days after constitution of the tribunal, absent good cause for extension. Awards shall be in writing and signed by the arbitrators. A majority decision shall be sufficient. The tribunal may issue a reasoned award upon request of any party. Clerical or computational errors may be corrected within seven (7) days of the award.
Rule 17. Settlement
Parties may settle at any stage of the proceedings. Any settlement shall be memorialized in writing and, if the parties request, may be entered as a consent award. Disputes regarding the interpretation or enforcement of a settlement agreement may be submitted to the tribunal for resolution.
Rule 18. Confidentiality
All proceedings, communications, and documents submitted in connection with Social Repair are confidential and may not be disclosed except: (i) as required by law; (ii) to enforce or challenge an award; (iii) with the written consent of all parties; or (iv) to professional advisors bound by confidentiality obligations.
Rule 19. Conduct and Sanctions
Parties and their Representatives shall conduct themselves with civility and in good faith throughout all proceedings. Failure to participate, comply with procedural orders, or act in accordance with these Rules may result in sanctions, including adverse inferences, cost awards, or dismissal of claims.
Rule 20. Enforcement
Awards are final and binding fourteen (14) days after issuance. Awards may be confirmed, vacated, or modified by a court of competent jurisdiction in accordance with applicable law, including the Federal Arbitration Act and Delaware Uniform Arbitration Act.
Rule 21. Limitation of Liability
Arbitrators, facilitators, mediators, administrators, and their staff shall not be liable to any party for any act or omission in connection with any proceeding conducted under these Rules, except for intentional misconduct.
Rule 22. Technology and Artificial Intelligence
Technology tools, including artificial intelligence, may be used to support administrative functions, procedural guidance, and case management. All substantive decisions shall be made by qualified human neutrals. Parties may request disclosure of AI-assisted processes and human review of any AI-generated content.
Rule 23. Data Security
All files, communications, and documents shall be transmitted and stored using encryption and other appropriate security measures. Parties are encouraged to use two-factor authentication for all accounts associated with proceedings.
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These Rules are subject to periodic review and amendment. Material changes will be communicated to parties with active proceedings. Questions regarding these Rules should be directed to the administrator.