What is FINRA arbitration?

FINRA arbitration is a method of resolving disputes between investors and brokerage firms or financial advisors outside the court system. It involves a neutral third party, an arbitrator, who reviews the case and makes a binding decision.

Why choose arbitration over litigation?

Arbitration is typically faster, less formal, and more cost-effective than litigation. It also provides a final resolution to disputes, with limited grounds for appeal. Most relationships with financial advisors are formalized by entering into a contract which contains a dispute resolution clause. Nationally, most dispute resolution clauses provide for FINRA arbitration.

Who can file a FINRA arbitration claim?

Investors, brokerage firms, and financial advisors can file a FINRA arbitration claim if they have a dispute related to securities or investment activities. FINRA arbitration is normally the forum for disputes among registered persons, brokerage firms and the public customer clients of the firms.

How do I start the FINRA arbitration process?

To start the arbitration process, Bakhtiari & Harrison will file a Statement of Claim with FINRA, detailing the nature of the dispute, the parties involved, and the relief sought.

What is a Statement of Claim?

A Statement of Claim is a written document submitted by the claimant outlining the facts of the dispute, legal claims, and the desired outcome.

What happens after filing the Statement of Claim?

After filing, the respondent has 45 days to answer the Statement of Claim. The answer must address the claims and may include counterclaims or other relief sought.

What fees are involved in FINRA arbitration?

Fees include filing fees, hearing session fees, and possibly member surcharges or process fees, depending on the specifics of the case.

Can I represent myself in FINRA arbitration?

Yes, you can represent yourself, but many choose to hire an attorney with experience in securities arbitration due to the complexity of the process. Investors and industry professionals who choose to represent themselves do so at a substantial disadvantage, Wall Street firms typically retain experienced professional counsel to represent their interests.

How are arbitrators selected?

Arbitrators are selected through the Neutral List Selection System (NLSS), which provides a list of potential arbitrators. Both parties rank and strike names to agree on a panel.

What qualifications do FINRA arbitrators have?

FINRA arbitrators include attorneys, accountants, financial professionals, and public members who have undergone training and meet FINRA’s qualification standards.

How long does the arbitration process take?

The process typically takes 12-18 months from filing to the final award, but this can vary based on case complexity and scheduling. Preference may be given to investors that are seriously ill or elderly.

What is a prehearing conference?

A prehearing conference is a meeting between the parties and the arbitrators to discuss procedural issues, set a schedule, and address preliminary matters including final FINRA arbitration hearing dates.

What is discovery in arbitration?

Discovery is the exchange of documents and information between the parties to prepare for the hearing. It is more limited than in litigation.

What happens during the arbitration hearing?

During the hearing, both sides present evidence, call witnesses, and make arguments. The arbitrators then deliberate and render a decision.

Is the arbitration hearing open to the public?

No, arbitration hearings are private and confidential. Only the parties, their representatives, and the arbitrators may attend.

Can I settle my case before the hearing?

Yes, parties can settle at any time before the arbitrators render a decision, often through negotiation or mediation.

What is mediation in the context of FINRA arbitration?

Mediation is a voluntary process where a neutral mediator helps the parties negotiate a settlement. It is separate from arbitration and non-binding.

What happens if I lose in arbitration?

If you lose, the arbitrator’s decision is final and binding. There are limited grounds for challenging the award in court.

Can I appeal an arbitration decision?

Generally, you cannot appeal an arbitration decision. However, you can seek to vacate the award on very narrow grounds, such as arbitrator misconduct.

What types of disputes are resolved through FINRA arbitration?

Disputes include claims of fraud, breach of fiduciary duty, negligence, breach of contract, and other issues related to securities and investments.

How are damages determined in arbitration?

Damages are determined based on the evidence presented, including financial records, expert testimony, and the specifics of the case.

Can arbitrators award attorney’s fees?

Arbitrators can award attorney’s fees if provided for by law, contract, or if both parties request it.

How do I enforce an arbitration award?

An arbitration award can be enforced in court through a confirmation process, making it a judgment that can be collected.

What is expungement in FINRA arbitration?

Expungement is the process of removing information from a broker’s record on the Central Registration Depository (CRD) system. It is only granted under specific conditions.

What are the grounds for vacating an arbitration award?

Grounds for vacating an award include arbitrator bias, fraud, corruption, or misconduct, as well as exceeding their powers.

Are arbitration awards public?

Yes, arbitration awards are published on FINRA’s website, providing transparency and access to past decisions.

What is the role of the Office of Dispute Resolution?

The Office of Dispute Resolution administers arbitration and mediation cases, ensuring that the process runs smoothly and efficiently.

What is a Simplified Arbitration?

Simplified Arbitration is for cases involving claims of $50,000 or less, allowing for a quicker and less expensive resolution without a hearing.

Can I request an expedited hearing?

Yes, in certain circumstances, such as elderly or seriously ill parties, you can request an expedited hearing.

What is the role of an arbitrator?

An arbitrator acts as a neutral decision-maker, reviewing evidence, hearing testimony, and issuing a binding decision on the dispute.

How do I prepare for an arbitration hearing?

Preparation involves gathering evidence, preparing witnesses, and developing a clear case strategy to present to the arbitrators.

What types of evidence are admissible in arbitration?

Evidence can include documents, emails, financial records, expert reports, and witness testimony, subject to the arbitrators’ discretion.

Can I request documents from the other party?

Yes, through the discovery process, you can request relevant documents and information from the other party to support your case.

How does FINRA handle conflicts of interest with arbitrators?

FINRA requires arbitrators to disclose any potential conflicts of interest, and parties can object to arbitrators they believe are biased.

What happens if a party does not comply with discovery?

If a party does not comply, the other party can file a motion to compel, asking the arbitrators to order compliance and possibly impose sanctions.

What is a motion in arbitration?

A motion is a formal request for the arbitrators to make a ruling on a specific issue, such as compelling discovery or dismissing a claim.

Can I request interim relief in arbitration?

Yes, you can request interim relief, such as temporary restraining orders or injunctions, to preserve the status quo pending the final decision.

How are hearing locations determined?

Hearing locations are typically determined by the location of the claimant unless both parties agree to a different venue.

What is a telephonic or virtual hearing?

Telephonic or virtual hearings are conducted via phone or video conference, allowing parties to participate remotely.

How are arbitration awards paid?

Awards are typically paid by the losing party within 30 days of the decision, unless otherwise specified by the arbitrators.

What if the losing party does not pay the award?

If the losing party does not pay, you can seek enforcement through the courts, turning the award into a legally enforceable judgment.

Are there any limits on the types of claims I can bring in arbitration?

FINRA arbitration covers a broad range of claims related to securities, but there are some statutory and regulatory limits on certain types of claims.

Can I bring a class action in FINRA arbitration?

No, class actions are not permitted in FINRA arbitration. However, you can join other claimants in a single arbitration if the claims are similar.

What is the role of expert witnesses in arbitration?

Expert witnesses can provide specialized knowledge and opinions to help explain complex financial issues to the arbitrators.

How are hearing dates scheduled?

Hearing dates are scheduled based on availability of the parties and arbitrators, with consideration for the complexity of the case.

Can I request a different arbitrator if I believe one is biased?

Yes, you can challenge an arbitrator if you believe they have a conflict of interest or bias that affects their impartiality.

What is a “chairperson” in a FINRA arbitration panel?

The chairperson is the lead arbitrator who manages the procedural aspects of the case and ensures the hearing runs smoothly.

How does FINRA ensure fairness in arbitration?

FINRA has rules and procedures in place to ensure a fair and impartial process, including arbitrator training and disclosure requirements.

How do I learn more about the FINRA arbitration process?

For more information, you can visit FINRA’s website, contact their Office of Dispute Resolution, or consult with experienced attorneys like those at Bakhtiari & Harrison.

How can Bakhtiari & Harrison help with FINRA arbitration?

Bakhtiari & Harrison can assist with filing claims, responding, selecting arbitrators, discovery, hearings, and ensuring the best possible outcome through skilled representation and strategic advice.

Inspired Healthcare Capital Halts Offerings and Distributions Amid SEC Review Bakhtiari & Harrison is Investigating Potential Claims for Investors

Inspired Healthcare Capital, a private equity and alternative investment firm based in Arizona, has suspended all investment offerings and halted investor distributions while it undergoes a regulatory review by the U.S. Securities and Exchange Commission (SEC).

SEC Review & Strategic Alternatives

In a letter dated July 18, 2025, the company’s CEO announced that Inspired Healthcare Capital is working with an investment bank to explore “strategic alternatives.” The firm expects to complete a review of its operations by August 15, 2025. Inspired has not disclosed additional details about the scope or focus of the SEC’s inquiry, leaving investors uncertain about the potential outcomes or timeline for resuming distributions.

Shutdown of Volante Senior Living

Inspired Healthcare Capital has also shut down Volante Senior Living, its internal property management division. The company has transferred management of its senior housing assets to Leisure Care, a third-party operator. Volante was created in 2023 to manage Inspired’s growing portfolio of senior living communities, but its CEO reportedly stepped down at the request of Inspired’s leadership shortly before the wind-down.

Reports suggest that only 10 to 15 of the firm’s 35 senior housing properties are currently “performing well.” Inspired has engaged a senior housing-focused investment bank to assess restructuring and potential exit strategies.

Fallout for Investors

The suspension of investor distributions comes amid mounting pressure in the senior housing industry—rising operating costs, labor shortages, and unpredictable occupancy rates. Inspired has stated that outsourcing management will strengthen its financial position and “maximize value for investors.” However, the sudden halt in distributions has caused considerable anxiety, particularly among investors who were depending on these payments for income.

While Inspired has denied claims that it vacated its Scottsdale office, it has not adequately addressed investor concerns regarding the duration of the distribution pause or the nature of the SEC’s ongoing review.

What is Inspired Healthcare Capital?

Inspired Healthcare Capital, LLC sponsors private investment offerings focused on acquiring and managing senior living and healthcare-related real estate. Many of these offerings were structured as Regulation D private placements, including:

Inspired Senior Living Athens DST
Inspired Senior Living of New Brunsfield DST
Inspired Senior Living in Largo DST
Inspired Senior Living Lake Orion DST
Inspired Senior Living of Arlington Heights DST
Inspired Senior Living of Mequon DST
Inspired Senior Living of Delray Beach DST
Inspired Senior Living of Brookhaven DST
Inspired Senior Living of Candlelight Cove DST
Inspired Senior Living of Naperville IL DST
Inspired Senior Living of Augusta DST
Inspired Healthcare Capital Fund LP
Inspired Healthcare Capital Liquidity Fund, LLC
Inspired Healthcare Capital Income Fund 5 Notes, LLC
Inspired Healthcare Capital Income Fund 3 LLC
IHC – Candle Light Cove DST
IHC – Ashbrook DST
IHC – Peachtree DST

Many of these investments carried steep upfront commissions—sometimes as high as 8%—which may have led some financial advisors or brokerage firms to prioritize sales over suitability.

Risks of Reg D Offerings Like Inspired Healthcare Capital

Investments structured under Regulation D carry significant risks, especially for conservative or income-focused investors. Key risks include:

Illiquidity: These investments are not publicly traded and can be extremely difficult to sell.
Speculative Nature: Real estate markets—particularly in senior housing—can be volatile and difficult to predict.
Lack of Transparency: Limited financial disclosures make it difficult for investors to fully assess performance or risk.
High Fees: High commissions and due diligence fees can erode overall returns.

Such offerings may be unsuitable for investors with low risk tolerance or those who need consistent income.

Legal Options for Investors

Bakhtiari & Harrison is actively investigating whether brokerage firms and financial advisors misrepresented the risks or failed to perform adequate due diligence before recommending Inspired Healthcare Capital offerings.

Investors may have two primary legal options:

FINRA Arbitration: For individual investors—especially those with losses exceeding $100,000—FINRA arbitration may be a viable path to recovery.
Class Action Lawsuit: If widespread misconduct is identified, investors with smaller losses may be eligible to participate in a broader class action.

Contact Us for a Free Consultation

If you invested in an Inspired Healthcare Capital offering and have experienced financial losses, contact Bakhtiari & Harrison for a free, confidential case evaluation. Our securities attorneys can assess your situation and help you determine the best course of action.