National Center for Dispute Resolution: Questions and Answers

  1. Are the Arbitrators Impartial   The arbitrators are selected by the manufacturer.  Some believe that if they found for the consumer on anything more than an occasional basis, their appointments would be eliminated.  From our experience, sometimes strong cases with serious problems have been rejected.
  2. Is the process complicated   No, the process is relatively straight-forward and a hearing is scheduled.

3.  Can I produce evidence at the hearing.  Yes, the arbitrator will allow  the
consumer to provide evidence, documents and testimony.  However, while much of
the material you think will be persuasive, the NCDS arbitrator will find otherwise.
Say your car malfunctioned twice and you are now worried about you and your
family’s safety.
4.  I have located some material indicating there is a common problem with this case,
and I have the required number of repairs, so am I right that the case should be
open and shut.  No, many seemingly strong cases are decided for the manufacturer
on  various grounds.

5. Why does the manufacturer tell me to use this process.  It has an advantage in
selecting the arbitrator and many times, the consumer will be present without a
lawyer.

6. Are legal fees recoverable if a lawyer is used.  Unfortunately not, but sometimes, it
makes sense to try to secure a refund rather than lose the case.  A lawyer may also
recommend a court proceeding instead of or in addition to the NCDS proceeding.

7. How is the decision rendered.  A written decision is provided but in the large majority
of cases, it is decided for the manufacturer.
 

 

Call 973-598-1980 for a Free Consultation on Your NCDS Claim

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