Frequently Asked Questions
Find answers to common questions about Decision Layer's AI-powered arbitration platform
Why Would I Want to Use DecisionLayer?
As a business
DecisionLayer arbitration is a faster, cheaper alternative to litigation. Disputes with a value of less than a hundred thousand dollars (or more) may be difficult, if not impossible, to litigate, as legal fees can easily exceed this amount, and traditional collections agency charge anywhere from 25-50% of the amount in controversy. DecisionLayer disputes start at $500 for an arbitration, and, in many jurisdictions, you do not need a lawyer to represent you. A DecisionLayer arbitration should be rendered in months, not the years a traditional litigation will take. At the end of the process, DecisionLayer will issue you an Arbitral Decision, which you can then 'enter' into a court to get a 'writ of execution,' which is a legal document you can then serve on the bank of the defendant (called a "Respondent" in arbitration), and the bank should then pay you the award. You will need a lawyer to 'enter' the Decision, but this is a procedural action and should be fairly inexpensive. If you need an attorney to help you, DecisionLayer has developed a rolodex of attorneys willing to 'enter' your Decision for a low, fixed fee.
As a consumer
DecisionLayer arbitration allows you to enter your arguments in plain English and will quickly and efficiently render a fair and impartial decision. Though you may not win, you will receive fast and fair treatment for a fraction of the price and headache of dealing with traditional litigation or arbitration, or dealing with a collections agent.
What are Common Use Cases for Arbitration/using Decision Layer?
Business:
- Unpaid Invoices/Debt Collection: Quickly and affordably recover smaller outstanding debts from clients or customers without having to resort to collections, which may take a large cut of winnings.
- Breach of Contract (Small Scale): Resolve disagreements over the terms of service agreements, supply contracts, or minor partnership disputes where the financial stakes don't justify traditional court costs.
- Vendor/Supplier Disputes: Address issues with product quality, delivery delays, or payment disagreements with vendors.
- Customer Service Disputes: Efficiently resolve consumer complaints that might otherwise escalate and damage reputation or lead to chargebacks.
- Property Damage (Minor): Handle claims for minor damage to property where the cost of repair is relatively low but still significant for a business.
- Intellectual Property Infringement (Minor): 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.
Consumer:
- Product/Service Defects: Seek compensation or resolution 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.ai 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, you can check our Attorney Rolodex.
If there is a dispute concerning a contract with a DecisionLayer arbitration clause, to initiate an arbitration, you 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, your argument and supporting evidence. After that, DecisionLayer will perform an initial review, and if the case is accepted, DecisionLayer will provide you with instructions for "serving" notice of the case on the defendant (called "Respondent" in arbitration). Depending on the circumstances, this may mean sending the Respondent a certified letter, hiring a process server, sending them an email and, in some 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/clauses
Who pays to initiate an arbitration?
The plaintiff (called a "Claimant" in arbitration) pays the initial and final fees. Some contracts may specify that the losing party pays the winning parties attorneys fees and costs - in that case, DecisionLayer may award the costs of arbitration to the winning party as well.
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 often more cost-effective. The arbitrator(s) 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 appeal. This consensual process allows parties to choose their decision-maker and often tailor the procedural rules, offering a more flexible and confidential 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 does DecisionLayer.ai apply in deciding arbitration?
The DecisionLayer arbitration rules are available at decisionlayer.ai/rules (the "Rules"). The Rules have been based on rules for traditional arbitration bodies, but updated to reflect DecisionLayer's streamline, AI-powered arbitration process. In addition to the Rules, each case will be governed by a set of Modules, which are additional mini-rule sets that dictate things like governing law and how evidence is interpreted.
Does DecisionLayer.ai work everywhere?
Certain jurisdictions may prohibit AI-based arbitration and require that the arbitrator be a human being. In these disputes, DecisionLayer may reject a case, refuse to render a decision, use a human arbitrator, or some combination.
Are there certain types of cases that cannot or should not be submitted to DecisionLayer?
Laws in certain jurisdictions may prevent certain disputes from being submitted to arbitration, 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 - for instance, in California, any consumer dispute with a value of less than $12,500 may be moved to California Small Claims court.
What happens if I ignore being served a case notice from DecisionLayer.ai?
If you ignore being served, a default judgment may be entered against you. This means that you may 'lose' the case, and may be liable to pay the plaintiff / Claimant the amount they have demanded, in addition to other potential penalties.
What happens if I lie or mislead DecisionLayer?
While DecisionLayer is entitled to take the arguments and evidence of parties at face value, if DecisionLayer determines that you are lying, it may draw inferences against you or enter a default judgment against you. Separately, depending on circumstances, lying to DecisionLayer may constitute fraud and expose you to further claims against your counterparty, from DecisionLayer itself, or, depending on severity, may rise to the level of criminal misconduct.
Is this really enforceable?
Yes. DecisionLayer decisions are arbitral decisions that may be entered into courts of competent jurisdiction.
Do I need an attorney?
In certain jurisdictions, such as New York, representation at arbitration is deemed not to be practice of law. In those disputes, you may represent yourself or your company. However, some 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.
If you have won a DecisionLayer dispute, you will need an attorney to 'enter' the judgment into a court. DecisionLayer has a rolodex of participating attorneys that will perform this service for you for a flat fee, or you can use your own attorney.
Why would I want an attorney?
Even though DecisionLayer disputes may not require you to have an attorney, it may still be wise to consult with an attorney to determine how to best structure your arguments and present evidence. DecisionLayer is fair and impartial, but it will not volunteer arguments for you. As a result, you may lose a cases that you would have otherwise won if you had consulted an attorney and been advised of better litigation strategies.
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: Unless one of the parties has selected (and paid for) an Appeals Module, DecisionLayer will not hear an appeal unless there is a showing of fraud, misconduct or gross error.
To A Court: In most jurisdictions, you have the right to appeal arbitration decisions. However, typically, in the United States, it is very difficult to get a court to overturn an arbitration decision, and you will need a lawyer for this process.
What happens next?
The winner may 'enter' the DecisionLayer decision in a court. After this, the court may issue documents which can then be served on your bank (or other parties) that will compel them to pay the winning party the amount determined by DecisionLayer.
Do I really have to pay?
Yes, generally, an arbitration award is legally binding and enforceable. When parties agree to arbitration, they typically agree that the arbitrator's decision will be final. While there are very limited 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 essentially converts it 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, the arbitrator will issue a written decision called an "arbitration award." This award typically 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 will voluntarily pay or fulfill the award as stipulated. However, if they do not, you will likely need to "confirm" the award with a court. This is a relatively straightforward legal process where you ask a court to officially recognize the arbitration award and convert it into a legally enforceable judgment, much like a traditional court order. Once the award is confirmed as a judgment, and if the losing party still refuses to pay, you can then pursue enforcement remedies, which often involve obtaining a writ of execution. A writ of execution is a court order that directs law enforcement (like a sheriff or marshal) to seize the debtor's assets (such as bank accounts, wages, or property) to satisfy the judgment. This allows you to collect the money or enforce the specific relief granted in the arbitration award.
Do I really need an attorney for this part?
While you may have handled the arbitration itself, when it comes to enforcing an arbitration 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 to "confirm" the award with a court. Courts will only allow licensed attorneys to make these filings. Additionally, after award confirmation, you may need to obtain a writ of execution, wage garnishment, bank levy or property lien - typically, only licensed attorneys can perform these actions.
I Need Help - Finding an Attorney
Do I need an attorney?
In certain jurisdictions, such as New York, representation at arbitration is deemed not to be practice of law. In those disputes, you may represent yourself or your company. However, some 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. If you have won a DecisionLayer dispute, you will need an attorney to 'enter' the judgment into a court.
Why would I want an attorney?
Even though DecisionLayer disputes may not require you to have an attorney, it may still be wise to consult with an attorney to determine how to best structure your arguments and present evidence. DecisionLayer is fair and impartial, but it will not volunteer arguments for you. As a result, you may lose a cases that you would have otherwise won if you had consulted an attorney and been advised of better litigation strategies.
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.
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