Mediation • Arbitration • Training • Consulting • Design • DRBs
Services
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ADRWorks
is involved in the development and proactive
implementation of a number of conflict management methods including mediation,
arbitration, disputes review boards, partnering, facilitation, and other dispute avoidance
and management tools, as
well as the design and implementation of conflict management systems.
ADRWorks focuses on small- and medium-sized businesses in order to help them take advantage of the increasing use of ADR instead of traditional, expensive and time-consuming ways of resolving disputes.
ADRWorks offers:
Mediation
Assisting two or more disputants to arrive at their own resolution of a conflict. Read more about ADRWorks' Mediation Services . . .
Arbitration
Deciding the outcome of a dispute between two or more parties. Read more about ADRWorks' Arbitration Services . . .
Training
Providing all types of training in conflict management and alternative dispute resolution processes. Read more about ADRWorks' Training Services . . .
Design
Offering assistance in creation and implementation of custom designed systems for businesses to reduce or eliminate conflict and litigation risk. Read more about ADRSystems . . .
Dispute Review Boards
Having done more training on all aspects of Dispute Review Boards than anyone, ADRWorks offers workshops covering implementation, administration, practice and topical issues regarding DRBs. Read more about ADRWorks DRB services . .
Consulting
We offer advice and counsel to assist businesses in dealing with specific conflict situations as well as in design and implementation of ADR processes.
Services
Mediation is the structured process where a mediator serves as an impartial facilitator in formal, scheduled negotiation sessions through which mutually acceptable settlement agreements are reached by the parties.
Mediation is appropriate for use in any dispute between two or more individuals or groups of people, whether the dispute has reached the point of filing in a court or not. Mediation is usually not used in criminal or violent activities, although the Victim Offender Reconciliation Program (VORP) attempts to bring victims and offenders together for mediation of some criminal activity. Counseling and therapy, while providing individual or group treatment meant to further the parties' personal growth, social or group function, are not a part of mediation.
Participants in the process must be able to understand what is going on during the mediation and be willing to submit voluntarily to the mediation process. People with impaired mental or emotional capabilities or those who have been a part of violent victimization often are unable or unwilling to enter into productive negotiations.
Four Prerequisites to Entering into Mediation
Before mediation can take place everyone involved in the dispute must recognize four things:
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All parties must recognize that a dispute exists.
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All necessary parties for an agreement to be reached must be involved in the negotiations.
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All parties must be capable of making and adhering to a mutually agreed settlement agreement.
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All parties must agree voluntarily to the process.
There are underlying interests and unfulfilled needs behind every substantive issue and every conflict. Parties are more likely to settle their dispute, enter into agreements and comply with those agreements when a mediator has helped them to achieve resolution.
Mediation Procedures
Initiating Mediation
If all parties have agreed to mediate, simply call us to discuss preferred dates and locations for the mediation. If you wish our assistance in obtaining the agreement of others to mediate, call, fax or e-mail us the name, address and telephone number of the attorney or other representative of each party whose participation is necessary for a comprehensive resolution of the dispute and we will contact them to initiate the mediation.
Prior to the Mediation
The following matters should be addressed before the mediation is scheduled:
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Parties who must be present at the mediation for productive negotiations to occur and who have full settlement authority.
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Participants on behalf of each party. It is essential that everyone whose decision is necessary for settlement should participate. Personal attendance is strongly preferred, although telephone participation can be accommodated.
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Information to be exchanged in advance of the mediation session to assist all parties in making realistic settlement decisions during the mediation.
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Submission of legal briefs is optional. Briefs should not exceed ten typed pages (including exhibits) and must be received by the mediator at least five business days prior to the mediation.
At the Mediation
Generally, at the mediator's option, the mediation will begin with a joint session attended by all participants. You should come prepared to summarize your position during this session. You may utilize whatever presentation method you believe most effective, including PowerPoint, charts, audio-visual and oral presentations by counsel and principals. Bear in mind that the goal is not to prove a case but to clarify your views for decision-makers among the other parties while educating the mediator.
The joint session is followed by private confidential caucuses between the mediator and each party. In caucus, you can discuss information which may assist in working toward a resolution, but which you would prefer not to disclose in direct negotiations. The mediator may also play devil's advocate to help parties gain the most balanced possible evaluation of their conflict. Finally, the caucuses provide an opportunity to assess realistic options for resolution, without endangering any party's negotiating posture. Nothing discussed during caucuses will be disclosed to the other side without you permission.
Caucusing will generally continue until an option has been developed which all sides feel is acceptable. At that point, the mediator will summarize the terms of the settlement/agreement. An agreement setting forth the terms of the settlement or a memorandum stating the key terms will then be drafted and signed by all parties.
Follow-up
If resolution is not reached in the initial mediation session, the parties may elect to authorize follow-up by the mediator. This can consist of telephone caucusing, further investigation or information exchange among the parties and/or an additional mediation session.
Confidentiality
All parties must agree that any statements made or information disclosed to the mediator during the mediation and in private caucus is privileged and that disclosure cannot be compelled under any circumstances. All records, reports, memoranda or other documents prepared by the mediator or submitted to the mediator in confidence by any party are confidential, and disclosure cannot be compelled under any circumstances.
Fees and Costs
Generally, a daily fee covers all preparation for the mediation and the initial mediation session. If the parties elect to have follow-up services provided by the mediator, a separate fee will be agreed upon. All fees must be paid in full not later than ten days in advance of the mediation session and all expenses must be paid in full within 30 days following billing.
For mediation sessions
conducted outside our offices, the mediation fee will include travel
time and expenses.
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Arbitration is a more formal, private, confidential, and binding process for settling disputes. The arbitrator or arbitrators hear the evidence presented by each side and then render a decision that is binding and enforceable in court. Arbitration costs substantially less than litigation.
We are available to do arbitrations under existing court rules or pursuant to our own Dispute Resolution System. The Dispute Resolution System requires the use of final and binding arbitration in all disputes that are not settled directly between the parties, in mediation or where a party refuses to go to mediation or won’t respond to a request for mediation. This arbitration is mandatory and is required as a specific term and condition of companys using the ADRSystems program. Arbitration will be used for all disputes in place of litigation in any court.
Arbitration Procedure
The arbitration required by the Dispute Resolution System is a procedure in which the parties to the dispute present all of their claims, controversies and disagreements to an arbitration tribunal, which will consist of one or three arbitrators. That arbitration will be administered by, conducted under the rules of and before arbitrators from the Panel of Arbitrators of ADRWorks. The arbitration tribunal will hear and consider the evidence (witnesses, documents etc.), law, legal arguments and briefs of all parties. There will be no jury. An ADRWorks arbitration tribunal has the same power and authority to grant you, and any other parties, the same legal relief as a United States district court or state court. The arbitration tribunal will render a final and binding decision, which is called an award. That award will completely determine all of the claims and disputes between the parties and may generally not be appealed. It is also, by law, convertible into a judgment of a court, if necessary.
All arbitrations conducted under this procedure will be governed by the Rules of ADRWorks. These rules are less formal and less restrictive than the Federal Rules of Evidence, the Federal Rules of Civil Procedure or any similar state rules. However, they are guided by the principles of the federal rules. They are deliberately more relaxed than those court rules to afford everyone a fair, reasonable and less expensive method of resolving their disputes. ADRWorks’ rules are specifically designed with the stated goal of resolving all disputes within 180 days from the date of demand for arbitration. They contain special provisions to attempt to finally decide every dispute fairly, rapidly and as inexpensively as reasonably possible, when compared with litigation in court.
Advantages of Arbitration
Arbitration offers numerous advantages. It has many of the same benefits as mediation, but with the difference that the arbitration tribunal will decide the dispute once and for all. The best-known advantages of arbitration are those of:
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Speed Litigation in court, especially federal court, is frequently slow with the proceedings often lasting from 2 to 5 years. If there is an appeal, that time period can become 5 to 10 years, or longer. An arbitration is usually completed in a period of months and ADRWorks’ rules are designed to try to conclude the case within 180 days. If the arbitration tribunal decides that you are entitled to a monetary award, an injunction or any other legal or equitable relief, you will generally obtain it much faster in arbitration, than in court. It is very difficult, indeed almost impossible, to appeal the decision of an arbitration tribunal. The law does permit a very limited opportunity to modify or change an arbitral award. However, that process is extraordinarily difficult.
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Reduced Cost Everyone will save money in legal expenses and costs by using arbitration in place of litigation. An Institute for Civil Justice study found that arbitration was approximately 20.4% cheaper than litigation. Most arbitrations take considerably less time to complete than a trial to either a court or to a jury. This is because most arbitrators are experts in their field and are able to learn and understand a party’s case much faster than a non-specialist judge or jury.
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Expert Decision Makers Arbitrators specialize in resolving specific types of disputes. Courts do not.
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A Full and Fair Hearing Arbitrators always listen to your case. They will not dismiss your claim on technical legal grounds without giving you a hearing. You will have an opportunity to present your evidence and your position. ADRWorks’ arbitration tribunal will not prevent you from telling your story on technicalities, as may be done in the courts. You may not win, but you will always have a real chance to present your claim.
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Complete Relief The Dispute Resolution System is designed and intended to provide the same legal or equitable relief available in a federal court. It does not waive any substantive right of any party. It changes the place where those legal rights will be asserted, from that of a non-specialist judge or jury trial, to that of an expert arbitral tribunal. That tribunal can award the same relief as is available from any court or jury. The arbitrators will hear all claims and give everyone a full and fair opportunity to present their case. They will then render an award, which will be binding on all of the parties, but without the delays or risks of an appeal.
Requesting an Arbitration
Under the Dispute Resolution System any person may request and obtain an arbitration by filing the appropriate form called a “Demand for Arbitration” at any time where a party fails or refuses to respond to a Request for Mediation, after the mediator declares an impasse, a mediation has been unsuccessful in one day or the parties mutually agree to proceed directly into arbitration. Non-System arbitrations may be initiated by contacting ADRWorks. In the “Demand for Arbitration” you will state your claim, any facts or information you believe relevant and the relief you request. ADRWorks’ rules request, but do not require, you to also attach any documents you believe support your claim. The rules are liberal in allowing you to timely supplement your claims. Consequently, if you choose to be represented by an attorney, they will have a reasonable time to modify your “Demand for Arbitration,” if necessary. The rules do contain time limits and other requirements designed to resolve disputes on a timely basis, and within 180 days whenever possible. The tribunal is required by the rules to move the case toward resolution as rapidly as reasonably possible, and will generally interpret the rules consistently with that goal.
Selecting the Arbitral Tribunal
You and the other parties will select your arbitrators using the procedures set out in ADRWorks’ rules. Those rules require that each of the parties will select their arbitrator from the list furnished by ADRWorks on a timely basis. The failure to do so will result in an administrative appointment being made to fill any vacant arbitrators office. Once the respective party arbitrators are appointed, those appointees will select the third “neutral” arbitrator who will usually chair the tribunal. This must be done within 7 days under the rules. However, if the parties agree, they may choose to submit their case to a single arbitrator, which is also provided for in the rules. In multiparty disputes, all of the arbitrators may be appointed by ADRWorks.
Expenses of the Arbitration
You and the other side will usually divide the expenses of your arbitration equally, or on such other basis as you have agreed. Generally, each party pays the fees and expenses of the arbitrator they designate and one-half of the fees and expenses of the “neutral” arbitrator. Each party is also expected to pay their half of the administrative fees due ADRWorks for providing the tribunal, acting as the Clerk of Court for the tribunal and administering the tribunal rules. These provisions can be changed by the agreement of the parties or by ADRWorks when one or more parties establish financial hardship. ADRWorks’ rules require that all payments for the administrative fees and the arbitrator’s fees and expenses must be made only to and through ADRWorks. This is specifically required to conceal from the arbitrators the names of the parties who appointed them. This is done to help ensure the neutrality and integrity of the tribunal.
The typical cost of an arbitration will consist of
ADRWorks’ administrative fee and the fees and expenses of the
arbitrators. Each arbitrator sets their own fees depending on their
particular knowledge, education, experience and background. These can
be up to $450 per hour. A competent arbitrator, without judicial
experience, is typically less expensive and former Justices of the
Supreme Court are somewhat more expensive. Each party may take this
into consideration when choosing their arbitrator. Each party is
required to bear their own attorneys’ fees and expenses. However, the
law applicable to your dispute may permit the tribunal to award
attorney’s fees and/or costs to a party or as sanctions available under
the law or ADRWorks’ rules. That decision is solely for the arbitral
tribunal. The typical arbitration requires between 15 to 50 hours of
work by the arbitrators. This estimate will vary depending on the
complexity of the evidence and the law of each case. Even though these
costs may seem expensive, arbitration is still significantly less
expensive than litigation and much faster.◘
We provide all types of training in conflict management and alternative dispute resolution processes and offer the following workshops on an in-house, customized basis as well as open workshops at different times during the year:
Mediation (40 hours)
Arbitration (40 hours)
Conflict Management in the Workplace
Communications and Conflict
Management
Skills
for Managers and Supervisors
Performance Management
Hiring and Termination
Dealing with Harassment in the Workplace
ADRWorks Employment Update
We also design custom training material and
workshops to meet your specific staff development needs.◘
We have designed private business dispute resolution systems using alternative dispute resolution processes including mediation and arbitration instead of litigation.
These systems offer:
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A system of comprehensive mediation and arbitration agreements, rules and forms
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An expert panel of neutral arbitrators and mediators
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Assistance and support during and after implemen-tation
We currently offer systems for small- and medium-sized businesses to deal with employment disputes, as well as custom-designed systems for banks, health care providers and home builders.
The newest system is the Project Dispute Resolution (PDR)ProgramTM. The PDR Program offers low cost, speedy resolution of issues associated with the construction process through an innovative process including pro-active, contemporaneous, on-site procedures designed to quickly and efficiently deal with issues before they become full-blown disputes. For all types of contractors from home builders to heavy construction the PDR Program offers cost-effective, on-site support for all project participants in dealing with issues and disputes that arise in construction projects through the use of proven alternative dispute resolution processes while keeping the parties out of court.
For more information about the PDR
Program click here.◘
In the last eight years, I have designed and done more than one hundred workshops throughout the U.S., Canada, Australia and the Middle East for over 2000 people covering all aspects of Dispute Review Boards. In addition to the following training programs, ADRWorks provides assistance in design and implementation of DRBs. I currently offer three workshops on DRBs.
Dispute Review Board
Users' Workshop (4 to 8
hours)
Dispute Review Board
Practice Workshop (16
hours)
Dispute Review Board
Annual Update Conference◘
The DRB Users' workshop is designed specifically for contractors, owners and their employees who are contemplating the use of or are involved in projects using DRBs. It is an intensive, one-day training program designed to provide basic skills training for people who are working with and using DRBs on all types of projects. It includes basic information about DRBs along with guidance and suggestions for the effective use of the DRB process as well as what to expect when using DRBs. The following subjects are included:
• History and background of DRBs
• Determining the role and authority of the DRB
• Ethics and conflicts of interest
• Working with DRBs and communications issues
• Administrative operation of the DRB
• Site visits and meetings
• Informal processes
• Formal decision processes
• Making effective presentations to DRBs
• Deliberations and opinions
• Contract language, administration and procedures
• Selection and compensation of members
The DRB Practice workshop is an intensive, one-day training program
designed to provide basic skills training for people who are interested
in serving on DRBs. It includes case study, lecture,
demonstrations, exercises and suggestions for the most effective use of
the DRB process, along with guidance on what is involved in serving on a
DRB. The following subjects are included:
• History and background of DRBs
• Role and authority
• Selection and compensation of members
• Ethics and conflicts of interest
• Administrative operation of the Dispute Review Board
• Contract language, administration and procedures
• Site visits and meeting procedures
• Informal decision processes
• Formal decision processes
• Deliberations and opinions
Both of these workshops are designed for one-day presentation although
the Users' workshop can be shortened to four hours.
I am also currently working on a program to offer six Web conferences of
approximately one and one-half hours each later this year that will
cover various aspects of DRB administration and practice.
Finally, I am also working with the Dispute Resolution Section of the
Washington State Bar Association for a program on DRBs to be presented
to section members.
I have no "open" Users' or Practice workshops currently scheduled but
can provide them on an "in-house" basis.◘
ADRWorks Consulting Services
We offer advice and counsel to assist
businesses in dealing with specific conflict situations as well as
in design and implementation of company-specific ADR processes. ◘
If you would like more information about these and other services offered by ADRWorks contact: Info@ADR-Works.com
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