Frequently Asked Questions
Find answers to common questions about DecisionLayer's AI-powered arbitration platform
Why Would I Want to Use DecisionLayer?
As a business
DecisionLayer arbitration is a faster, cheaper alternative to traditional litigation and arbitration.
Disputes with a value of less than a hundred thousand dollars (or more) may be difficult, if not impossible, to litigate traditionally, as legal fees can easily exceed the amount in controversy, and collections agencies charge anywhere from 25-50% of the amount recovered. DecisionLayer starts at $500 per arbitration, and, in many jurisdictions, you do not need a lawyer to represent you. You can enter your arguments in plain English and DecisionLayer will quickly and efficiently render a fair and impartial decision. A DecisionLayer arbitration should be rendered in a few months, not the years a traditional litigation will take.
At the end of the process, DecisionLayer will issue you an Arbitral Decision. If the judgement is in your favor and awards you money damages, and those damages are not immediately paid, you can then employ the same tools as any other judgment creditor to collect upon the judgment – except you will have fast-forwarded through the entire litigation process. These tools include, in many jurisdictions, seeking a 'writ of execution' which is a legal document you can then serve on the bank of the judgment debtor, and the bank may then pay you some or all of the judgment amount. You will need a lawyer to 'enter' or 'confirm' the Decision in Court, but this is a procedural action and can often be done without substantial expense.
On the other hand, if the judgment is in your favor and determines that you do not owe damages to the other party, you may wish to 'enter' or 'confirm' that judgement to prevent the other party from continuing to pursue legal action against you in other venues, such as other courts.
DecisionLayer is developing a rolodex of attorneys willing to 'enter' Decisions for low or fixed fees. In the interim, please check the "Where can I find an attorney?" section, below, for more resources.
What are Common Use Cases for Arbitration/using DecisionLayer?
Please note that in order to initiate a DecisionLayer arbitration, the contract governing the dispute must have a DecisionLayer arbitration clause.
For Businesses:
- Unpaid Invoices/Debt Collection: Quickly and affordably recover outstanding debts from clients or customers without having to resort to collection agencies, which may take a large percentage of any recovery.
- Breach of Contract: Resolve disagreements over terms of service agreements, supply contracts, or partnership disputes where the financial stakes don't justify traditional court costs.
- Vendor/Supplier Disputes: Adjudicate issues with product quality, delivery delays, or payment disputes with vendors.
- Customer Service Disputes: Efficiently resolve consumer complaints that might otherwise escalate and damage reputation or lead to chargebacks.
- Intellectual Property Infringement: For smaller businesses, address clear-cut cases of copyright or trademark infringement where a full-blown lawsuit is disproportionate to the harm.
- Small Business Protection: Allowing small businesses, independent contractors, and creative workers access to a fast, inexpensive, field-leveling platform for disputes with large clients.
- Small Disputes: Addressing disputes with a value of less than $100,000.
For Consumers:
- Product/Service Defects: Seek compensation or reimbursement for faulty products or services that don't meet expectations.
- Contract Disputes (Consumer): Resolve disagreements with service providers (e.g., internet, phone, gym memberships) over billing, cancellation fees, or unfulfilled promises.
- Warranty Claims: Enforce product warranties when a company refuses to honor them.
- Online Transaction Disputes: Resolve issues with online purchases, inaccurate descriptions, or non-delivery of goods.
How do I submit cases to DecisionLayer for arbitration?
First, you must make sure that the contract that governs your dispute has a DecisionLayer arbitration clause. You can find our default arbitration clause here. If your contract does not have a DecisionLayer arbitration clause, you may need to update it. This process may require the help of attorney. If you need one, please see the "Where can I find an attorney?" section below.
If there is a dispute concerning a contract with a DecisionLayer arbitration clause, to initiate an arbitration, first, create an account at DecisionLayer, then go to "My Cases" in the top navigation and choose "New Case."
DecisionLayer will walk you through the steps necessary to start your case, which include uploading the governing contract, writing your argument and submitting any supporting evidence. After that, DecisionLayer will perform an initial screening review, and if the case is accepted, DecisionLayer will provide you with instructions for "serving" notice of the case on the defendant (called the "Respondent" in arbitration). Depending on the circumstances, this may mean sending the Respondent a certified letter, hiring a process server, sending them an email.
In many circumstances, DecisionLayer itself may serve notice of the dispute on the Respondent.
Where can I find sample arbitration clauses?
You can find them at decisionlayer.ai/arbitrationclause
Who pays to initiate an arbitration?
The plaintiff (called a "Claimant" in arbitration) pays the initial and final fees. If there is a counterclaim, the Respondent will pay an additional fee. Some contracts may specify that the losing party pays the winning party's attorneys' fees and costs. In that case, DecisionLayer may award some or all of the costs of arbitration to the winning party as part of its Arbitral Decision.
How Arbitration Works and Who Pays
The basics of arbitration
Arbitration is a private, out-of-court dispute resolution process where parties agree to submit their disagreement to one or more impartial third-party arbitrators. Unlike traditional litigation, arbitration is typically less formal, faster, and more cost-effective. Arbitrator(s) generally review evidence, hear arguments from both sides, and then issue a decision, known as an award, which is generally binding and legally enforceable, with very limited grounds for modification or appeal. This consensual process allows parties to choose their decision-maker and the procedural rules that will govern the dispute, thereby offering a more flexible alternative to public court proceedings. Unlike traditional arbitration, DecisionLayer uses an artificial intelligence to quickly, inexpensively, and fairly review evidence and arguments.
What rules and laws apply in a DecisionLayer arbitration?
Every case is subject to the DecisionLayer arbitration rules, available at decisionlayer.ai/rules (the "Rules"). The Rules are similar to the rules of traditional arbitration bodies, but have been updated to reflect DecisionLayer's streamlined, AI-powered arbitration process. Your case may also be governed by the laws of the state or other jurisdiction listed in the governing law clause of the contract containing DecisionLayer arbitration clause. If there is no governing law clause, DecisionLayer may determine the proper governing law based on the facts and circumstances of your case.
How does DecisionLayer render decisions? Is it all AI? Are humans involved?
DecisionLayer utilizes artificial intelligence systems to analyze parties' arguments and evidence and to render an award. As of now, humans review the arguments and input as well as the draft decisions for quality control purposes. Please note that the DecisionLayer rules allow an artificial intelligence system working alone, a natural person working alone, or a combination of both, to render decisions.
Who are the human arbitrators?
DecisionLayer employs attorneys licensed in at least one U.S. jurisdiction to review Arbitral Decisions. In the future, DecisionLayer may employ trained specialists in addition to licensed attorneys.
How do you make sure that DecisionLayer is fair, impartial and unbiased?
First, DecisionLayer has internal conflicts-of-interest procedures to prevent any personnel from being involved in any case where they may have a prohibited relationship with any of the parties.
Second, during the process of any DecisionLayer arbitration, each party will have access to the DecisionLayer simulator, which runs on the same technology as the DecisionLayer decision engine. The parties are free to test their arguments and evidence in the simulator, as the DecisionLayer simulator includes reasoning and analysis based on the arguments and evidence presented.
Third, and critically, DecisionLayer has implemented a bias testing framework. As of now, DecisionLayer has run hundreds of test cases through its system, including running the same cases through the system numerous times while only changing the party names in order to test for possible racial, ethnic or gender bias. DecisionLayer will be publishing initial results soon and the results have not indicated any material racial, ethnic or gender bias. In the near future, DecisionLayer will be expanding its bias testing framework by increasing the number of test cases and the frequency of testing. Please feel free to contact us for more information: questions@decisionlayer.ai
Does DecisionLayer work everywhere?
Certain jurisdictions may prohibit AI-based arbitration and require that the arbitrator be a natural person. In such cases, DecisionLayer may reject a case, refuse to render a decision, use a human arbitrator to finalize an award, or coordinate with the parties to determine an alternative method to adjudicate the dispute.
Are there certain types of cases that cannot or should not be submitted to DecisionLayer?
Cases in which the parties have not agreed to adjudicate their dispute via DecisionLayer should not be submitted to DecisionLayer and may be rejected by DecisionLayer. Certain jurisdictions may also prohibit certain disputes from being submitted to arbitration as a matter of public policy, for instance, relating to workplace sexual harassment, family law disputes, and criminal matters. Additionally, certain jurisdictions have laws that may limit cases from being submitted to arbitration.
What happens if I ignore being served a case notice from DecisionLayer?
If you ignore being served, a default order may be entered against you. This means that you may 'lose' the case and may be liable to pay the Claimant the amount they have demanded.
What happens if I lie or mislead DecisionLayer?
While DecisionLayer is entitled to take the arguments and evidence at face value, if DecisionLayer determines that you are lying, it may draw inferences against you or enter an order or Arbitral Decision against you. Depending on circumstances, lying to DecisionLayer may also constitute fraud and expose you to further claims by your counterparty or by DecisionLayer itself. Depending on the severity, lying may rise to the level of criminal misconduct.
Is this really enforceable?
Yes. DecisionLayer Arbitral Decisions may be entered and confirmed in courts of competent jurisdiction with the same effect as decisions by traditional arbitration bodies.
Do I need an attorney?
While it is always recommended that you consult with an attorney, in certain jurisdictions, such as New York, representation at arbitration is deemed not to be practice of law. Therefore, in disputes governed by New York law, you may represent yourself or your company. Some other jurisdictions require you to have an attorney for arbitration and your failure to use an attorney in those situations may result in an unenforceable decision. In almost all circumstances, you will need an attorney to 'enter' or 'confirm' the Arbitral Decision in court. Please see the "Where can I find an attorney?" section, below.
Where can I find an attorney?
DecisionLayer has an attorney Rolodex. Additionally, you can check Avvo.com, LegalMatch.com, Priorilegal.com, or check with your local bar association.
After the Decision: What Happens Next?
I Lost a Case - What Now?
Can I appeal?
To DecisionLayer: The DecisionLayer Rules grant the parties the right to request corrections to an Arbitral Award within a set period of time. Separately, either party may request a human appeal of the award for a fee. Please note that the original Arbitral Awards may be rendered solely by an AI, solely by a human, or a combination.
To A Court: In most jurisdictions, you have the right to challenge or seek to modify arbitration decisions on a variety of grounds. However, typically, in the United States, courts respect arbitral decisions and it is difficult to convince a court to entirely overturn an arbitration decision. You will need a lawyer for this process.
What happens next?
Either party, but generally the winner, may 'enter' or 'confirm' the DecisionLayer Arbitral Decision in a court. If the Court confirms the award and renders a money judgment against you, the judgment creditor can then employ the same tools as any other judgment creditor to collect upon the judgment. This includes, among other tools, seeking a 'writ of execution' that can be served upon your bank to collect the judgment amount from your bank.
Do I really have to pay?
Yes. Generally, an arbitration award is legally binding and enforceable. When parties agree to arbitration, they often agree that the arbitrator's decision will be final. While there are various grounds to challenge or vacate an award (such as fraud, corruption, or if the arbitrator exceeded their authority), simply disagreeing with the outcome is not usually a valid reason to refuse payment. If a party fails to comply with an arbitration award, the winning party can typically file a motion with a court to 'confirm' the award, which has the effect of converting a private arbitration award into a court judgment. Once it's a court judgment, it can be enforced through traditional legal means, like wage garnishment, bank account levies, or property liens.
I Won a Case - What Now?
What happens next?
After you win an arbitration, DecisionLayer will issue a written Arbitral Award. This award outlines the findings, the reasons for the decision, and the remedies granted (e.g., a monetary payment, specific performance, etc.). The next crucial step is to ensure the losing party complies with the award. In many cases, the losing party, if they are ordered to pay money, will voluntarily pay or fulfill the award as stipulated. If they do not, you may need to "confirm" the award with a court. This is a relatively straightforward legal process where you ask a court to convert the award into a legally enforceable judgment. Once you have a judgment, you can employ the same tools as any other judgment creditor to collect upon the judgment. This includes, in many jurisdictions, seeking a 'writ of execution,' which is a legal document you can then serve on the bank of the judgment debtor, and the bank may then pay you some or all of the judgment amount. You will need a lawyer for this process.
Do I really need an attorney for this part?
While you may have handled the arbitration itself, if you prevail in the arbitration but your adversary still refuses to pay any award, an attorney is almost certainly necessary. If the losing party doesn't voluntarily pay or comply, you will need to go through a formal legal process of "confirming" or "entering" the award with a court. Courts will only allow licensed attorneys to make these filings. If you obtain a judgment and your adversary still will not pay, you will need an attorney to assist with various collection efforts available in your (or your adversary's) jurisdiction, such as issuing restraining notices, seeking writs of execution, wage garnishments, bank levies, property liens, etc. In most jurisdictions, only licensed attorneys can perform these actions.
I Need Help - Finding an Attorney
DecisionLayer is in the process of assembling an attorney rolodex. In the meantime, you can check Avvo.com, LegalMatch.com, Priorilegal.com, or check with your local bar association.
Resources and Guides
How do I enforce an Award?
Please see our guide on Enforcement at https://www.decisionlayer.ai/enforcement.pdf
How do I Initiate an Arbitration?
Please see our guide on how to initiate an Arbitration at https://www.decisionlayer.ai/howtostartacase.pdf
How do I add the DecisionLayer Arbitration Clause to my Contracts?
Please see our "How To" for adding the Arbitration Clause to your contracts at https://www.decisionlayer.ai/howtoaddtocontract.pdf
Where can I find the DecisionLayer Arbitration Clause?
Please see our Model Arbitration Clause at https://www.decisionlayer.ai/arbitrationclause
Can I Modify the DecisionLayer Arbitration Clause?
Yes. While the preferred model version we provide here is drafted in such a way as to ensure that the clause is enforceable, you can tailor the DecisionLayer Arbitration Clause as you (and your contractual counterparty) see fit. DecisionLayer will not reject a case simply because the DecisionLayer Arbitration Clause was modified. However, to ensure that the clause meets the needs and expectations of the parties, it is always recommended that you consult with an attorney when drafting a contract.
Is there an Overview of the DecisionLayer Arbitration Process?
Please see our Overview at https://www.decisionlayer.ai/overview.pdf
Is there a form I must sign before starting arbitration?
Yes, please see the Pre-Arbitration Waiver and Acknowledgment at https://www.decisionlayer.ai/acknowledgement
About Us
Who is DecisionLayer?
At DecisionLayer, we believe that access to the legal system should not be a luxury. The traditional legal system is slow, expensive, and intimidating, especially when it comes to smaller claims. This leaves businesses unable to recoup legitimate losses and consumers struggling to get fair treatment. We're changing that.
DecisionLayer is an innovative AI arbitration service designed to drastically reduce the cost and time of litigation. Our platform leverages cutting-edge artificial intelligence to streamline the entire dispute resolution process. From initial filing to final decision, our AI-powered tools guide users, analyze evidence, and help facilitate fair and fast resolutions. We're committed to making the legal system accessible to everyone. With DecisionLayer, you can skip the courtroom drama and get straight to a resolution.
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