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THE VIRTUAL MAGISTRATE
SM ARBITRATION
PROGRAM
_____________________________ Basic Rules Revised September, 1999 OVERVIEW The Virtual MagistrateSM
arbitration program will attempt to receive and resolve complaints
within 72 hours (three business days) of acceptance. Because
of this expedited process, these rules will be liberally construed
to accomplish the purposes of the Program and to maximize fairness
to all participants. These rules will be interpreted consistently
with the Concept Paper for the Virtual MagistrateSM
arbitration program, and the recent changes to the Virtual MagistrateSM
arbitration program structure.
Complaints must be submitted by filing a complaint online on VMAGSM ’s home page, located at www.VMAG.org. The complainant should follow the instructions and answer all questions to the best of his/her ability. A complaint should describe the nature of the disputed activity or conduct and the identity of the parties. Whenever possible, a complaint should include:
A complainant may request that information pertaining to the complaint should be kept confidential and not made public. Any party to the complaint may also request confidentiality for submissions. Requests for confidentiality will be decided by the Arbitrator assigned to the case. Complaints and related materials will not be made public by the Virtual MagistrateSM arbitration program until a decision is reached. JURISDICTION The Virtual MagistrateSM arbitration program will consider complaints about online disputes over communications, property, tort and contract disputes. Examples include complaints about messages, postings, and files allegedly involving copyright or trademark infringement, misappropriation of trade secrets, defamation, fraud, deceptive trade practices, inappropriate (obscene, lewd, or otherwise violative of system rules) materials, invasion of privacy, and other wrongful content. The Virtual MagistrateSM arbitration representatives will decide whether it would be reasonable for a system operator to delete, mask, or otherwise restrict access to a challenged message, file, or posting. Other cases may call for decisions about the disclosure of the identity of an individual to a person other than the government. In extreme cases, the Virtual MagistrateSM arbitration representatives may rule on whether it is appropriate for a system operator to deny a person access to an online system. The Virtual MagistrateSM arbitration representatives will consider cases involving financial obligations or compensation, so long as the issues in dispute arise from, or are directly related to, online activity or commerce. Other complaints deemed to be unsuitable for the Virtual MagistrateSM process will not be accepted. ACCEPTANCE The VMAGSM ’s administrator will review each complaint received and, where appropriate, will request additional information from the complainant before formally accepting the complaint. It can take some time for the Virtual MagistrateSM program to obtain agreement from other parties to participate in the arbitration process. The 72 hour time period does not begin until all necessary parties have agreed to participate. If parties are negotiating their difference among themselves, the formal decision process may be suspended. Each person filing a complaint and each person participating in the proceeding will be told how to receive a copy of these rules and will be informed that participants agree to hold harmless from any liability the Virtual MagistrateSM arbitration program, Chicago-Kent College of Law, the Arbitrate, and all other persons connected with the Virtual MagistrateSM arbitration program for any act of commission or omission in connection with the operation of the Virtual MagistrateSM arbitration program. Once a complaint has been accepted, the VMAGSM administrator will select an available Arbitrators from the pool of qualified Arbitrators. The complaint and all accompanying materials will be forwarded to the Arbitrator. In some cases, a complaint may be referred to an arbitrator before it has been formally accepted. This will be done when participation by the arbitrator will help in reaching agreement about participation in the process. The Arbitrator will acknowledge the receipt of the complaint as soon as possible. A complaint may be reassigned if the selected Arbitrator does not acknowledge the complaint promptly. The VMAGSM administration will provide all identified and relevant parties with a copy of the complaint. PROCEEDINGS
A listserv/newsgroup (“grist”) will be established for each case, and participants will be directed to post messages to the grist. Messages posted to the grist will automatically be sent to all participants. The address will be included in the initial notification letter. Participants will be provided with password access to the grist, allowing all messages to be reviewed. Each decision, will be posted to the grist so that all participants will receive a copy. The Arbitrator will conduct fair and appropriate proceedings to reach a decision in the time available. The Arbitrator may ask the complainant for additional information and may permit the complainant to amend the complaint. The Arbitrator may contact the parties, conduct proceedings, ask questions, collect information, solicit arguments, or take any other steps that the Arbitrator deems appropriate and fair. When practical, the Arbitrator will keep participating parties informed of these activities and will share with participating parties information received. Participants will also be given a private e-mail address for the Arbitrator in case that there is a need for private communications. It will be up to the Arbitrator to determine if private communications will be accepted. At the discretion of the Arbitrator , submissions from persons who are not participants to a proceeding may be accepted and considered. The Arbitrator will maintain a copy of all records, correspondence, evidence, and other materials relevant to the case. All materials will be forwarded at the completion of the case to the VMAGSM administrator at Chicago-Kent College of Law. DECISIONS The Arbitrator will attempt to reach a decision as quickly as possible or within 72 hours (three business days) of acceptance of a complaint. This is a goal, and it may not be possible to resolve all cases within that time. When necessary or appropriate to maintain fairness, the time limit may be extended by the Arbitrator with or without the agreement of the parties. The need to contact parties and obtain agreements to participate may also result in delays before acceptance of a complaint. Parties will be notified of the decision by electronic mail. Decisions, complaints, and supporting materials will be posted publicly unless otherwise ordered by the Arbitrator. LIABILITY Any complainant and any voluntary participant agree by virtue of their participation that Chicago-Kent College of Law, Cyberspace Law Institute, National Center for Automated Information Research, Villanova Center for Information Law and Policy, and the Virtual MagistrateSM arbitration program And any of its employees and participants including ArbitrateS shall not be liable to any party for any act or omission in connection with any arbitration conducted under these procedures. OTHER MATTERS Any procedural matters that are not addressed by these rules or in other Virtual MagistrateSM arbitration program documents will be resolved in accordance with the AAA’s Commercial Arbitration Rules and general principles of fairness. Questions about these rules and other procedural issues may be directed to the Arbitrate or to the Virtual MagistrateSM Executive Director. HOW CAN I FIND THE VIRTUAL
MAGISTRATE PROJECT ON THE INTERNET?
Copies of the Virtual MagistrateSM arbitration program’s rules and other descriptive materials can be obtained at the VMAGSM ’s website, located at www.VMAG.org.
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