Arbitration is a process where parties to a dispute present documents and statements to an individual who is independent from the parties. That individual, the Arbitrator, acts as a judge who conducts the arbitration hearing, reviews the submitted information and makes a decision based on the information presented.

CAP-Home Arbitrators are professionals experienced in the home building industry. An Arbitrator may be a home inspector, engineer, architect, contractor, or other professional with residential construction experience. Prior to appointment as a CAP-Home Arbitrator, each candidate undergoes our comprehensive program-specific training and must pass a written exam.

No. The CAP-Home Arbitrators are independent contractors working with DeMars & Associates, which trains and manages all of their activities. The Arbitrators are not connected with or employed by participating builders or warranty companies. Arbitrators are assigned randomly based on geographic proximity to the homeowner's residence.

No. Arbitration through the CAP-Home Program is an informal process. Most homeowners find they are comfortable managing their cases and neither party needs a lawyer to participate in a CAP-Home Arbitration. If a party chooses to have a lawyer participate in the arbitration, he/she must notify the Administrator no later than five business days prior to the hearing.

The CAP-Home process is designed to be a fair and efficient means of resolving disputes, and we recognize the parties are anxious for resolution. The duration of a case varies based on the parties' availability and flexibility when scheduling the arbitration hearing date. However, a typical case is resolved within 40-60 business days from DeMars & Associates' receipt of the request for arbitration. It should be noted that in cases in which one or both parties are responsible for delays beyond 90 business days, additional fees may be charged.

A CAP-Home Administrator from DeMars & Associates contacts the parties and the assigned arbitrator within two weeks from receiving a request for arbitration. The Administrator will discuss potential dates with the parties and the arbitrator and schedule a date that is reasonably convenient for everyone. The hearing date is confirmed in writing no fewer than ten (10) business days prior to the hearing.

Once a hearing date has been set, hearings will only be postponed for good cause. The party requesting the change must submit the request in writing to DeMars & Associates, and the Arbitrator makes the final decision. Adjournment fees apply if the request is granted.

In those rare situations when a natural disaster threatens or occurs, we request the parties and the Arbitrator to call DeMars & Associates, if possible, to advise DeMars & Associates of the situation so the Arbitrator can make a decision regarding whether the hearing can continue to be safely held. If the Arbitrator determines the hearing cannot be safely held, he/she will reschedule the hearing and no additional fees will be charged. Every effort will be made to expedite the hearing.

1) Review the case file packet sent by DeMars prior to the arbitration hearing. Make sure it includes all the documents you would like the arbitrator to review in support of your case.

2) Submit additional documents that support your case, if any, to DeMars prior to the hearing so they may be distributed to the Arbitrator and other party(s).

3) Be prepared to talk to the Arbitrator about your claims and show conditions related to your claims if appropriate.

You may submit additional information to DeMars & Associates to forward to the Arbitrator and the other party(ies). If you bring additional information to the hearing the Arbitrator may choose not to accept it.

The Arbitrator is responsible for managing the hearing and will evaluate each of the alleged defects/deficiencies or other items for review with the parties. Each party will be given the opportunity to give his/her statement and present witnesses if he/she chooses to do so. Also, the Arbitrator may choose to ask questions of the parties and the witnesses, if any. At the close of the hearing, the Arbitrator will ask the parties if they are finished. Once the Arbitrator is satisfied he/she has all the necessary information, he/she will state that the hearing is closed. At that time, the parties may not present any additional information unless the hearing is reconvened or the Arbitrator requests the additional information.

If one party knows the Arbitrator, the Arbitrator will likely disclose how he/she knows that party and ask the other party if they have an objection to the Arbitrator continuing to handle the case. If there is no objection, the Arbitrator will proceed. If there is an objection, the hearing will not proceed until an alternate Arbitrator is assigned. In this situation, it is likely the hearing will need to be rescheduled for a later date.

The Arbitrator's decision will be made following the meeting. The decision is made in writing and mailed within 14 business days of the hearing. The decision letter is sent to the parties or their attorneys (if applicable) through First Class U.S. Mail.

A party may request a Modification or Clarification when it appears that the Arbitrator has made a decision that is outside of his/her authority or when there is a mistake in the decision letter, like a clerical or mathematical error. Requests must be submitted in writing to DeMars & Associates within 20 business days of the date on the decision letter. DeMars & Associates may not change an Arbitrator's decision; the request is sent to the Arbitrator for review and determination.

Under some limited circumstances, the CAP-Home Rules may allow a party to appeal a decision. An appeal request must be made in writing and submitted to DeMars & Associates with the requisite filing fee within 20 business days of the date on the decision letter. No new evidence may be submitted on appeal. The Appellate Arbitrator simply reviews the previous submissions and decision to determine whether the decision rendered was reasonable in light of the evidence and applicable documents, like the warranty document.