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ICC Christian Arbitration
The Institute for Christian Conciliation provides faith-based Alternate Dispute Resolution [ADR] services including biblical mediation and court-approved Christian Arbitration. Below is your informational guide to the process, forms, and fees required for ICC Arbitration. Mediations are recommended prior to arbitration, if possible. The ICC can provide an arbitration-only contract or a mediation-arbitration (med/arb) contract that anticipates and plans for the possibility of an arbitration. All services follow the Rules of Procedure for Christian Conciliation™.
Submit a Request for Arbitration
The first step in the submission process is to notify the ICC Office by email that a case is coming in. At the same time, all primary parties need to fill out the required Intake forms: For each Individual involved in the arbitration and one for the Organization (if applicable). The required arbitration filing fee is $1000 and can be shared by the parties or paid in full by one party.
Contact the ICC
Contact the ICC Office notifying us that an arbitration case is being submitted so that we can (1) be in contact with you and (2) watch for your information coming in.
Contact the ICC
Send In Forms
All parties involved need to submit an online Information Form and Preliminary Statement of Issues Form. Additionally, organizations need an executive decision-maker or counsel to submit the same forms on the organization's behalf. These forms are shared with your ICC Arbitrator(s) so that they can be familiar with your issues and concerns. Only parties submitting an Intake form and signing an arbitration contract can participate in the confidential proceedings.
Send In Forms
Submit Filing Fee
A filing fee of $1000 is a submission fee that allows the ICC to officially consider and review all documents that are submitted. As an impartial organization, the ICC Case Manager cannot contact parties for you. Before you submit the fees, we encourage you to make certain that all parties are in agreement by choice or contract to participate in an ICC arbitration process. This fee is non-refundable. You may send checks to ICC, P.O Box 81662, Billings, MT 59108, OR you may pay by credit card with the buttons below. NOTE: a 3.33% convenience fee is added to credit card payments.
Submit Filing Fee
When Your Arbitration is Approved
Case administration is an important part of the arbitration process. Pursuant to Rule 5b, the ICC may decline to accept any case for any reason. If the ICC accepts the case, arbitration shall commence only after the parties sign a conciliation agreement and pay a non-refundable case administration fee of $1500 per party for the first 20 hours of case administration.* Case administration services include, but are not limited to, arrangements, schedules, forms, participation during preliminary hearings, and conciliator services. All ICC arbitrations include case administration.
*Case administration services after 20 hours are $200 per hour and split equally between the parties.
*NOTE: Complex cases requiring attorney expertise for case administration will be assessed an additional $800 per party for an initial four (4) hours of case administration consultation.
We’ll recommend several ICC Certified Christian Conciliators™ specializing in arbitration and share their resumes and hourly rates. When the arbitrator(s) are approved by the parties, we will send an arbitration or med-arb contract with the total retainer estimate due. The retainer is based on the hourly rate and expenses of the arbitrator or arbitrator panel of 3. It is a full estimate of services (called a “retainer”) and is paid prior to services and held in trust by the ICC for payments to your arbitrator(s).
The full cost of your arbitration will be the arbitrator’s hours and expenses and may be less or more than the retainer estimate.
When the contracts are signed and the retainer estimate paid in full, the ICC arbitrator will conduct a telephonic preliminary hearing for the case.
Case Admin Fee
All arbitrations include ICC Case Management Services. In order for the Case Manager to be authorized by all parties to communicate and coordinate information, a case management fee is required. The Case Manager fee is $1500 per party. This flat fee is non-refundable and covers up to 20 hours of administrative services. NOTE: Complex cases requiring attorney expertise for case administration will be assessed an additional $800 per party for an initial four (4) hours of case administration consultation. Any additional case administration hours will be invoiced at $200 per hour and split equally between the parties.* You may send checks to ICC, P.O Box 81662, Billings, MT 59108, OR you may pay by credit card with the buttons below. NOTE: a 3.33% convenience fee is added to credit card payments.
Case Admin Fee
Case Management Begins
With the payment of the case administration fee, the ICC Case Manager is now authorized to contact all parties through Counsel (if applicable) or independently regarding confidential and specific case details, case preparation, documentation and contracts, scheduling orders, hearing agendas, and witnesses. The Case Administrator follows the Rules of Procedure and provides the arbitrator or arbitrator panel with all information pertaining to the case.
Case Management Begins
Arbitrator Selection
The Case Manager will propose one or more Certified Christian Conciliators™ specializing in Christian Arbitration to serve on the case. This selection process is based on the following five considerations: experience, expertise, availability, affordability, and location. The Case Manager contacts qualified and experienced arbitrators to determine possible service and selection. Parties must mutually and contractually approve the arbitrator(s) for selection to be complete.
Arbitrator Selection
Arbitration Panels
For some cases, a panel of three arbitrators is preferred. A panel of three is clearly a more costly process but it does triple the number of adjudicators evaluating the final decision. Parties can determine if they want to appoint 3 arbitrators for the hearing, but have only one arbitrator for all preliminary matters (similar to the American Arbitration Association) or convene the entire panel for all steps in the process.
Arbitration Panels
Payment of Retainer
The selected ICC Arbitrator reviews the case and determines the full estimated cost of services including hourly fees and all expenses. This retainer estimate is paid in advance by the parties and mailed to the ICC to be held in trust. Parties are not billed; all invoices are regularly paid by the ICC from the retainer. Excess retainer funds that are not needed are returned. If the retainer is insufficient, the Case Manager notifies the parties and, if necessary, will pause the arbitration process until the additional funds are received. You may send checks to ICC, P.O Box 81662, Billings, MT 59108.
Payment of Retainer
Arbitration Contracts
An arbitration contract outlines the scope and limitation of services, principles of confidentiality, and legal disclaimers to clearly communicate what you can expect in the arbitration. All parties must sign and date a contract in order to participate. A contract is a legal agreement based on the Rules of Procedure and it is important for all parties to read and understand both the contract and Rules prior to signing. Your Case Manager is available for any questions that you might have. Throughout the process, all Scheduling Orders after each Preliminary Hearing will be documented and signed by all parties and the arbitrator(s).
Arbitration Contracts
Arbitration Preparation
Prior to the arbitration hearing, your ICC arbitrator will conduct preliminary hearings with all parties by phone or web-conference to get to know you, understand and clarify the issues, answer any questions, and provide clear instructions to assist in case adjudication. Most importantly, the arbitrator will begin to share relevant key biblical principles for you to study that will be applicable for this case but valuable for any conflict you have lifelong.
Arbitration Preparation
The Arbitration Process
An arbitration will move judiciously through a series of steps that are clearly defined and approved. Since an arbitration ends in a binding and final decision, it is important for the process to be fair and documented, even if the arbitration is less formal. Parties only have access to the ICC Arbitrator through the Case Manager or during oral arguments in a hearing.
When a mediation precedes an arbitration, the ICC policy is to begin an entirely new process with a new Certified Christian Conciliator™ serving as your ICC Arbitrator to ensure maximum impartiality.
The basic steps in the process after opening a case are: Preliminary Hearings, Motions, Discovery, Subpoenas, Arbitration Orders, Evidentiary Hearing with witnesses, and a Final Award, a decision or ruling by the ICC Arbitrator that addresses all issues presented by the parties at the Evidentiary Hearing. The arbitration decision is final and cannot be reconsidered or appealed except as provided by Rule 41 and/or civil law.
An ICC arbitration process is in accordance with 1 Corinthians 6.
Preliminary Hearings
The Preliminary Hearing is the first scheduled event in an arbitration case. The purpose of the Preliminary Hearing is to familiarize the ICC Arbitrator with the case and the parties. Also, the ICC Arbitrator decides at the Preliminary Hearing the scope of written discovery and depositions, if any, and sets a tentative schedule for the case and Evidentiary Hearing.
Preliminary Hearings
Motions
A motion is a formal request for the ICC Arbitrator to make an interim decision that may affect the final decision in the case. The parties generally discuss any foreseeable motions during the Preliminary Hearing. A party may also bring a motion outside of the Preliminary Hearing. Each party has the opportunity to file an opposition to another party’s motion. Sufficient time is allowed for both sides to consider any motions presented.
Motions
Discovery
The ICC Rules of Procedure allow the parties to conduct written discovery and deposition testimony. The amount and type of discovery is determined by agreement of the parties with approval from the arbitrator. One of the key distinctives of Christian conciliation is the parties are expected to cooperate with one another to exchange all relevant documents, deposition testimony and other factual information to assist the ICC Arbitrator in rendering a fair and informed decision.
Discovery
Subpoenas
A subpoena is a written request from the ICC Arbitrator to a third party to submit information to the Arbitrator for use by the parties in the Evidentiary Hearing.
Subpoenas
Arbitration Orders
The Arbitrator’s decisions in the case are reflected in written Arbitration Orders. These Orders are binding on the parties and provide an overview of the Arbitrator’s decisions during the case. The Case Manager will send you a digital copy of the Arbitrator’s orders for you to date and sign.
Arbitration Orders
Evidentiary Hearings
The Evidentiary Hearing occurs at the end of the case after all other Preliminary matters have been completed. The Evidentiary Hearing is an in-person meeting with the ICC Arbitrator, the parties, key witnesses and all relevant documents. The purpose of the Evidentiary Hearing is for your ICC Arbitrator to hear evidence that will assist the ICC Arbitrator making a Final Award.
Evidentiary Hearings
Final Award
After the Evidentiary Hearing, the ICC Arbitrator will issue a written decision addressing all issues presented by the parties at the Evidentiary Hearing. The Final Award is a binding and final decision that ends the case. The Final Award may be enforced as a Judgment once confirmed by the court.