Frequently Asked Questions

Glossary:

Plaintiff: The party making the Claim. 

Defendant: The party against whom the Claim is made.

Claim: The Plaintiff’s legal and factual allegation against the Defendant.

E-Judge: The party deciding who prevails (wins) in the dispute.

Discovery: The process in which the parties request information from each other.

Award: Written determination by the Judge as to who prevails (wins) the dispute.

Jurisdiction: The authority granted to the court to hear a case.

Counter Claim: An additional Claim by the defendant against the plaintiff.

Fees

  • Is there a cost to use Brief? Who pays?

    The fees to use Brief are paid by the Plaintiff, so there is no up-front cost to the Defendant. However, the Plaintiff may seek reimbursement of those fees through the Brief dispute process and, if the Plaintiff prevails (wins), those fees paid by the Plaintiff to Brief may be included in the Final Award total.  

    Our policy is that the party initiating the case is the party responsible for the initial cost of arbitration unless the parties otherwise agree to split or shift those fees. (In those instances the Brief administrator should be contacted to facilitate a shared payment.) 

  • Can I recover my fees and costs, including my fees paid to Brief or paid to my lawyer?

    It depends if your Claim is eligible for a return of attorney fees and costs.  Brief will ask you, when you upload your Claim or your defense, if your costs are eligible to be paid back (it’s also ok if you don’t know; the Judge will review and correct for you). The Judge will also confirm whether a recovery of attorney’s fees (being paid back for your out-of-pocket) and your costs is appropriate. Any Award (decision) for attorney’s fees and other costs will always be, per federal and state law, at the discretion of the E-Judge.

  • Can I use my credit card to pay the Brief fees?

    Yes, we take all major credit cards, and ACH payments.

  • What are the costs?

    Offered as enterprise software, we utilize a credit-based system for our pricing model. As there are multiple paths a claim can take (default, contested, settlement, judgment, etc.), pricing will vary, depending on which milestone triggered events occur. Get in touch with us to obtain a quote. 

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    — Great, you've got your arbitration clause, but now what? —

    Three important tips when updating your agreement with the Brief arbitration clause: 

    With your Brief arbitration clause, you now have your venue: Brief’s Online Platform. You’ll have your jurisdiction: All disputes arising from the Agreement will be decided exclusively by Brief, and lastly, you’ll have your choice of law to be applied.

    Keep in mind that these are suggestions and not legal advice. Whenever you update your agreements, it’s essential that you have an attorney review and approve.