ADR Systems FAQ’s
What are the advantages of using ADR?
• 50% increase in the success rate of getting all the right parties to the mediation table*
• Select the right neutral for the case
• Select the right process for the case
• Design a process that meets the unique needs of your case or client
• Discuss any unusual problems, concerns about bringing the case to mediation
• Answer questions about ADR
• Save time and money – we will convene the case for you at no cost
At ADR Systems, our staff of ADR Experts all have at least 11 years experience in the ADR industry. Our job is to know the neutrals so that we can recommend the right mediator or arbitrator for your case, anywhere in the United States. We know their substantive expertise and settlement rates, as well as their ADR style and process expertise. In addition, we will contact the other side to either propose the idea of ADR, or coordinate the scheduling of the case.
Save time, save money and get insight into the right neutral or process for your next case. For more information, call ADR Systems at (312) 960-2260.
*based on a study done over a five-year period in California.
When is it appropriate to submit a case to ADR Systems?
• When you and opposing counsel have enough information to properly evaluate the case
• When communications between parties becomes difficult or unproductive
• When the parties are too far apart in their evaluation of the case
• When direct negotiations begin to break down
• When parties need or want to maintain a relationship after the dispute is resolved
• When the parties require prompt settlement
• When the parties desire to retain more control over the process and the outcome
• When the potential cost of proceeding to trial may exceed the value of the case
• When a statute of limitations is approaching and parties would rather settle than initiate a lawsuit
• Trial date is close and parties would prefer not to have the uncertainty associated with litigation
• The liability is clear but parties can't agree on damages
• When the uncertainty of liability may affect the outcome
How do I submit a case to ADR Systems?
• Call us locally at 312-960-2260
• Call us nationwide at 1-800-423-7010
• Fax us at 312-960-2268
• Submit a case online now
What happens when I submit a case to ADR Systems?
• Getting all parties committed to using ADR
• Choosing the ADR forum best suited for your case
• Selecting the right neutral
• Coordinating date, time & location
• Facilitating negotiations of the terms of the ADR contract
Once these steps are completed, ADR Systems will:
• Generate & distribute the ADR agreement
• Provide confidential follow up after the ADR session
Mediation
What is mediation?
The principles of mediation are:
• Participation is voluntary. No resolution should be imposed on any participant. Any resolution is by mutual agreement and is voluntary.
• The process is private. Only the people directly involved in the dispute, those who represent them, and those who are integral to the resolution of the problem should be in attendance at the mediation.
• Mediation is confidential. There is no need for others to know about what happens in the mediation unless the participants and the mediator agree that it would be beneficial, or there are compelling reasons to limit confidentiality.
• The parties control the outcome of the mediation. People are responsible for their own conflict and their own resolutions.
• Choices are made through informed decision making. People must have adequate information with which to make informed decisions about their conflict’s resolution.
What is the role of the mediator?
The mediator:
• Assists with getting the right people into the negotiation
• Eases communication
• Provides for safe, constructive exchanges of information
• Educates in negotiation skills
• Manages emotions
• Maintains focus on problem-solving
• Keeps the process moving
• Reminds the parties that agreement must be mutually acceptable
• Reality tests the implementation plan and documents the agreement
What are the different approaches to mediation?
Facilitative: This is the basic form of mediation. All other forms of mediation are built on facilitative mediation. The mediator may make suggestions for settlement options but does not give an advisory opinion on any legal or factual issues in the dispute.
Evaluative: In an evaluative mediation, the mediator gives an advisory opinion as to the likely outcome of the dispute, or an issue within the dispute, if litigated or arbitrated. Opinions may take a variety of forms. There may be a specific opinion on the likely outcome of legal issues in court. There may be an opinion that a judge or jury is more likely to find in favor of one party or the other on a particular issue. The opinion might be a range within which the mediator thinks the damages would fall if a verdict is rendered by a court or a jury.
Transformative: For many, it is assumed that the purpose of mediation is to help two or more parties involved in a dispute resolve a particular problem or set of problems in a way that is mutually agreeable. In transformative mediation, the process focuses on empowering individuals with the knowledge that they can shape their own destiny and to teach them to recognize and have compassion for others. In the transformative approach to mediation, the value of the mediation experience is not dependent on what the mediator can do to facilitate resolving the conflict, but merely on the parties coming together in a forum that allows each the opportunity to be heard, and forces each to hear the other.
**Most experienced mediators combine all of the above three approaches in their cadre of tools for facilitating settlement. To discuss the approach, ADR process or mediator best suited to you and your dispute, contact us at 1-800-423-7010 today.
Arbitration
What is arbitration?
Participation can be voluntary or involuntary. Resolution is imposed on parties by a third-party neutral.
The process can be either binding or non-binding. In a binding arbitration, the arbitrator makes a final and binding decision that can be enforced in court. In a non-binding arbitration, the arbitrator only recommends a decision.
Presentations made to the arbitrator are limited by agreed to rules established by the parties.
The process is usually private. Only the people directly involved in the dispute, those who represent them, and those who are integral to the resolution of the problem should be in attendance at the arbitration.
Arbitration is confidential. There is no need for others to know about what happens in the arbitration unless the participants and the arbitrator agree that it would be beneficial, or there are compelling reasons to limit confidentiality.
The arbitrator controls the process and outcome of the arbitration.
What is the role of the arbitrator?
• Listens to the facts and evidence presented by counsel
• Follows the rules of evidence
• Hears witnesses and cross examinations
• Renders a final, binding award upon conclusion of the arbitration
What are the different approaches to arbitration?
Non-Binding Arbitration
A process that is similar to arbitration in everything but the decision is only recommended and not binding.
Tripartite Arbitration
Each party unilaterally appoints one arbitrator, after which the appointed arbitrators or the parties agree on a third, neutral arbitrator. Absent an agreement between the parties, their selected arbitrators are normally assumed to be aligned with the side that appointed them and to lack the neutrality expected of the third member of the panel, who serves as the ultimate decision maker in the dispute.
Med-Arb (Dif)
This process is similar to Binding Mediation, except that prior to mediation, the parties may agree that if agreement is not reached, that an arbitrator, different from the neutral, will be employed to resolve the open issues.
Arb-Med
This is the opposite of Med-Arb. The parties first arbitrate the matter, then the arbitrator makes a decision, but reveals the arbitration results only if there is no agreement in the following mediation. The arbitrator’s decision, having already been made, will not be influenced by any confidential information of the parties.
Final Offer Arbitration – Baseball Arbitration
This process received its name because it is often used in player salary negotiations in major league baseball. Each party negotiates until the point of impasse and then each party makes an offer to settle at a particular dollar amount. The two figures are then submitted to the arbitrator, who must choose between them. The arbitrator does not have the authority to modify the figures submitted, or select another figure. This process encourages the parties to make reasonable demands at the onset.
High-Low Arbitration
When high-low arbitration is chosen, specific Supreme Court rules can apply which both the neutral and the parties must follow: “90(c)” packages are submitted to the neutral and the other parties involved one to two weeks prior to the conference. The parties also agree on a high and low number, which act as the ceiling and floor of the award. The high and low numbers are not disclosed to the neutral. This allows everyone to come prepared, and eliminates possible surprises. This process, with decisions being based solely on the law, submissions, and the evidence heard during the hearings, provides for more consistent, predictable results in a case.
Final Offer Arbitration – Night Baseball Arbitration
This is a variation on baseball arbitration. The parties establish their demands but do not reveal them to the arbitrator. The demand that is closest to the arbitrator’s decision becomes the binding arbitration award.
**To discuss the approach, ADR process or arbitrator best suited to you and your dispute, please contact us at 1-800-423-7010 today.