Expedited Commercial Arbitration
by Stipulation

NY CPLR 4317 Referee by Stipulation

New York practice may allow parties (in an active case) to stipulate to a referee for a hearing and report (and, where authorized, a determination), depending on the stipulation/order and applicable procedure.

Oregon Private Arbitration by Party Agreement

Parties can agree to a private arbitration process by contract or stipulation. Where permitted by agreement and applicable procedure, the Center can serve as a neutral in an expedited documents-only or one-day hearing format.

Redacted ADRIC-Style Award Sample (Construction Dispute • Under $50,000)

Sample format demonstrating ADRIC-style structure (neutral tone, issue framing, findings, and award). All names, dates, and identifying details are redacted. Replace amounts/sections to match your matter.

ALTERNATIVE DISPUTE RESOLUTION INSTITUTE OF CANADA (ADRIC)
REDACTED AWARD (SAMPLE FORMAT)

IN THE MATTER OF AN ARBITRATION

BETWEEN:

[REDACTED] (“Claimant”)
-and-
[REDACTED] (“Respondent”)

Case No.: [REDACTED]
Seat / Place of Arbitration: [REDACTED]
Hearing Format: (Choose one)
  ☐ Documents-Only   ☐ One-Day Hearing (Zoom)   ☐ Hybrid
Award Date: [REDACTED]

ARBITRATOR
[REDACTED], Neutral Arbitrator

A. INTRODUCTION AND PROCEDURAL HISTORY
1. This is an arbitration arising from a residential/light commercial construction project concerning [REDACTED PROPERTY / PROJECT].
2. The amount in dispute is under $50,000, comprised of (i) unpaid contract balance, (ii) disputed change orders, and (iii) alleged deficiency/backcharge items.
3. The parties agreed, by stipulation dated [REDACTED], to submit the dispute to expedited arbitration. The parties further agreed that:
   a) the arbitration would be conducted on an expedited schedule;
   b) each party would file a concise brief and supporting documents;
   c) witness testimony would be limited to [REDACTED] and time would be managed by the Arbitrator; and
   d) the Arbitrator would issue a reasoned written award.
4. A pre-hearing conference was conducted on [REDACTED] to confirm issues, exhibit exchange, and timetable.
5. The record consists of the parties’ briefs, invoices, emails/texts, photographs, change-order documents (where provided), and [REDACTED] testimony (if hearing option selected).

B. ISSUES
6. The issues for determination are:
   Issue 1: What are the contractual terms governing scope, payment milestones, and change orders?
   Issue 2: What amount, if any, remains owing to the Claimant for completed work?
   Issue 3: Are the Respondent’s asserted deficiencies/backcharges established, and if so, in what amount?
   Issue 4: What relief is appropriate (principal, credits/offsets, and allocation of arbitration fees as agreed)?

C. FACTUAL BACKGROUND (REDACTED SUMMARY)
7. The Claimant is a contractor engaged to perform [REDACTED SCOPE: e.g., flooring, framing, drywall, and finish carpentry].
8. The Respondent is the owner / general contractor for the project.
9. The parties’ agreement is evidenced by [REDACTED: proposal, estimate, invoice terms, email acceptance], providing a total price of $[REDACTED] with staged payments.
10. Disputes arose regarding (i) whether certain requested items were included in base scope, (ii) whether change orders were authorized, and (iii) workmanship issues asserted by the Respondent.

D. FINDINGS OF FACT
11. I find that the parties formed a binding agreement on or about [REDACTED] for the base scope described in [REDACTED DOCUMENT].
12. I find that several additional items were requested during performance. The evidence supports that the following change items were authorized:
    a) [REDACTED CHANGE ITEM 1] at $[REDACTED];
    b) [REDACTED CHANGE ITEM 2] at $[REDACTED].
13. I find that other claimed “change orders” were not proven to be authorized on the balance of probabilities, particularly where the record lacks written approval and the surrounding communications are ambiguous.
14. I find that the Claimant substantially completed the base scope by [REDACTED], subject to minor punch-list items.
15. I find that the Respondent established certain deficiencies/backcharges, but not to the full amount claimed. Specifically:
    a) [REDACTED DEFICIENCY 1] is proven and reasonably valued at $[REDACTED];
    b) [REDACTED DEFICIENCY 2] is not proven on the evidence presented;
    c) [REDACTED DEFICIENCY 3] is proven in part and reasonably valued at $[REDACTED].
16. I find that the Respondent withheld final payment after [REDACTED] citing completion and quality concerns, and that communications reflect a breakdown in coordination rather than a complete failure of performance.

E. ANALYSIS
Issue 1 (Contract Terms)
17. The contract terms are derived from the written proposal/estimate and the parties’ acceptance communications. Where the documents are silent, I consider the parties’ conduct and contemporaneous communications.
18. Change work requires clear authorization. Where the record shows request, price, and acceptance (express or by clear course of dealing), the change item is compensable.

Issue 2 (Amount Owing for Completed Work)
19. The Claimant’s invoice total for base scope is $[REDACTED]. Payments made total $[REDACTED]. The prima facie balance is $[REDACTED].
20. Authorized change items proven under paragraph 12 total $[REDACTED].

Issue 3 (Deficiencies / Backcharges)
21. The Respondent bears the burden to establish deficiencies and reasonable cost of correction. Photographs alone, without context, are not determinative; however, coupled with communications and credible testimony they may support limited backcharges.
22. Based on paragraphs 15(a) and 15(c), proven backcharges total $[REDACTED].

Issue 4 (Relief)
23. Net amount owing is calculated as follows:
    Base balance owing:                           $[REDACTED]
    + Authorized change work:                     $[REDACTED]
    - Proven backcharges/offsets:                 $[REDACTED]
    -------------------------------------------------------
    NET AWARD (principal):                        $[REDACTED]

24. The parties’ stipulation regarding fees is [REDACTED]. Consistent with that agreement, fees are allocated as follows: [REDACTED].
25. Pre-award and post-award interest, if any, is governed by the parties’ agreement and applicable law. On the record before me, I order: [REDACTED – e.g., no interest / simple interest at X% from date Y].

F. AWARD
26. For the reasons above, I make the following Award:

   1) The Respondent shall pay the Claimant the sum of $[REDACTED] (principal) within [REDACTED] days of this Award.
   2) The Respondent is entitled to offsets/backcharges in the amount of $[REDACTED], already reflected in the net calculation above.
   3) Arbitration fees and administrative costs shall be allocated as follows: [REDACTED].
   4) Any request for additional relief not expressly granted is dismissed.
   5) This Award is issued as a reasoned award. All other issues are reserved only to the extent permitted by the parties’ stipulation and applicable law.

DATED at [REDACTED] on [REDACTED].

____________________________________
[REDACTED], Arbitrator

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