New Appeal Process for the Property Forum in 2015

Based on the feedback provided by members, AF has revised the appeal process for the Property Forum in 2015.

To meet the membership's desire for having more decisions be eligible for appeal, the Property Forum minimum company claim amount to qualify for an appeal will be reduced from $25,000 to $10,000. This change will take effect for all Property decisions published after January 1, 2015.

Effective for all Property appeals filed on or after January 1, 2015, when a party wishes to file an appeal, it will need to submit the online form on the Post-Decision Inquiry Web page. The other party(ies) will be notified and given an opportunity to respond to the appeal by also utilizing the online submission form. This change to the process provides consistency in the submissions of all parties' appeal positions.

In addition, a standard panel of three for the appeal hearing will no longer be used. Instead, the appeal submissions, along with the original file and decision, will be sent to a single appeal arbitrator for review. The appeal arbitrator will decide whether the original arbitrator(s) erred. If the appeal arbitrator agrees with the original decision, the original decision will stand.

Should the appeal arbitrator agree with the appealing party that an error was made that results in a different decision, the appeal materials will then be sent to a second appeal arbitrator. This second appeal arbitrator will serve as the "tie breaker." After review of the materials, if the second appeal arbitrator agrees with the original decision, the original decision will stand. If the second appeal arbitrator agrees with the new decision by the first appeal arbitrator, then the original decision will be overturned; the new decision will be updated online; and the parties will be notified.

AF is pleased to provide a more streamlined process and more efficient use of member arbitrator resources.


Article published in: January 2015 E-Bulletin