ADR Alternative Dispute Resolution Services
ALTERNATIVE DISPUTE RESOLUTION (ADR) refers to negotiation and resolution processes outside the litigation process. ADR encompasses mediation, arbitration, settlement conferences, and facilitated negotiations.
ARBITRATORS act as privately hired judges to render a legally binding decision after listening to evidence presented by all sides. Arbitrators are Finders of Fact in a Hearing of Equity, and possess the powers to subpoena witnesses and documents.
MEDIATION settles conflicts in 85-90% of cases. Parties discover key interests in the dispute and expand options for settlement. When relationships are ongoing, mediation can have added value in preserving healthy connections by building communication skills and respect between the parties. Agreements are generally put into a signed, written document called a Memorandum of Understanding fthat may be filed in court to make agreements legally binding and enforceable.
Contractual ADR Provisions
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Contracts with ADR provisions determine the type of procedure (Mediation or Arbitration) that is used. CoMA’s Arbitrators will utilize any rules required by a contract, including AAA (American Arbitration Association), NAF (National Arbitration Forum), etc. |
CoMA’s Rules of Procedure are generally used when a contract calls for arbitration but doesn’t specify which rules to use; or by mutually agreement of the parties. CoMA’s format provides for a single arbitrator, unless a panel of three arbitrators is specifically requested.
When no contractual provision exists, parties may voluntarily submit their dispute to mediation or arbitration through
(a) mutual agreement by all parties to a dispute signing and filing with CoMA a Submission Agreement to initiate services or
(b) through a petition to the court for an ADR Order. Courts frequently order mediation to allow the parties to attempt to settle prior to trial or final orders. If unsure how to petition the court, seek legal advise.
