Glossary

For informational purposes only, the following terms are defined in this Glossary:

Affidavit A Written statement of a person who asserts the statement to be true under penalty of perjury or who makes the statement under oath before a notary public or other authorized individual.

Amendment A change made to a Claim after it has been served on the Respondent and any change made to a Response after it has been filed and Delivered to all Parties.

Appearance Any filing by a Party or Party’s Representative.

Arbitration Agreement Any Written provision in any agreement between or among the Parties to submit any dispute, controversy or Claim to CoMA or to arbitration under these Rules.

Arbitrator An individual selected in accord with these Rules or an Arbitration Agreement to render Awards.

Award Any Award establishing the final rights and obligations of the Parties.

Claim Any Claim submitted by any Party including an Initial Claim, Cross-claim, Counter Claim, and Third Party Claim.

Claimant Any individual or Entity making any Claim under these Rules.

Claim Amount The total value of all relief sought. A Claimant seeking non-monetary relief states a monetary value for this relief for purposes of establishing the Claim Amount.

Consumer An individual, who is not a business or other Entity, whose Claim or Response against a business or other Entity arises:

• From a transaction or event entered into primarily for personal, family or household purposes;
• From an existing, past or prospective employment relationship with an employer Party; or
• From a transaction or event involving any aspect of health care.

Delivery Delivery to the address of a Party, COMA or an Arbitrator by the postal service of the United States or any country, or by a reliable private service, or by facsimile, e-mail, electronic or computer transmission.

Director The Executive Director of Colorado Mediators & Arbitrators™ is the general administrator of arbitrations under these Rules or under other rules agreed to by the Parties.

Document Any Writing or data compilation containing information in any form, including an agreement, record, correspondence, tape, e-mail, video, audio, disk, computer file, electronic attachment, notice, memorandum or other Writings or data compilations.

E-commerce Transaction All contracts and agreements entered into, in whole or in part, by electronic or computer communication and all transactions consummated through electronic or computer communication.

Entity Any association, business, company, cooperative, corporation, country, governmental unit, group, institution, organization, partnership, sole proprietorship, union or other establishment.

Expedited Claim A Claim involving at least one Consumer Party, as a Claimant or Respondent, with a Claim Amount less than $74,999.

Fee Schedule The Fee Schedule appears in a supplement to these Rules.

General Arbitration Claim A Claim where no Party is a Consumer.

Hearings:

Document Hearing A proceeding in which an Arbitrator reviews documents or property to render an Order or Award, and in which the Parties do not attend.

Participatory Hearing Any proceeding in which an Arbitrator receives testimony or arguments and reviews documents or property to render an Order or Award. The types of Hearings include:

• Physical Hearing – A Hearing at which the participants may appear before the Arbitrator in person;
• Virtual Hearing – A Hearing at which the participants may appear before the Arbitrator via teleconference, online, e-mail or by other electronic communication.
• Interim Order:Any Order providing temporary or preliminary relief pending a final Award.

Large Claim A Claim involving at least one Consumer Party, as a Claimant or a Respondent, with a Claim Amount of $75,000 or more.

Order Any Order establishing specific rights and obligations of the Parties. A Dispositive Order results in a final Award or dismissal of any Claim or Response. All other Orders are Non-dispositive.

Party Any individual or Entity who makes a Claim, or against whom a Claim is made, including Claimants, Respondents, Cross-claimants, and Third Parties.

Party Witness Any person who is an individual Party or who is an employee of an entity Party at the time of the service of the subpoena.

Postponement A continuance or delay for a specific period of time requested after the appointment of an Arbitrator.

Proof of Service An Affidavit stating how service was made.>

Receive or Receipt The Delivery or other effective notice to a Party at the address of the Party or Party Representative.

Representative Any individual, including an attorney, who makes an appearance on behalf of a Party.

Request Any Request by a Party directed to an Arbitrator or COMA for an Order or other relief, including any motion, petition or other type of Request.

Respondent Any Party against whom a Claim is made.

Response Any Written Response by a Party or Representative to any Claim

Sanctions Sanctions include dismissal of the arbitration or the Claims or Responses; preclusion of evidence; admission of facts; payment of costs; payment of fees including reasonable attorney fees, Arbitrator fees, and arbitration fees; the rendering of an Order or Award; and other Sanctions deemed appropriate. Sanctions may be imposed against a Party, a Representative or both.

Signature or Signed Any mark, symbol or device intended as an attestation, produced by any reliable means, including an electronic transcription intended as a Signature.

Stay A delay for an indefinite period of time requested by a Claimant before an Arbitrator is appointed. See Time Extension and Postponement.

Time Extension A continuance or delay for a specific period of time requested before the appointment of an Arbitrator.See Postponement and Stay.

With Prejudice The case cannot be brought again. The Claimant cannot subsequently bring the same Claim against the Respondent.

Without Prejudice The case may be brought again. The Claimant can subsequently file the same Claim against the same Respondent.

Writing or Written Any form intended to record information, including symbols on paper or other substance, recording tape, computer disk, electronic recording, and video recording and all other forms.