Alternative Disputes Resolution ADR

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Alternative Disputes Resolution ADR"

Transcription

1 Alternative Disputes Resolution ADR Craig H. Unger, DBIA Santiago, CHILE --- April 20, 2006 NOTE: Over 90% of all US docketed court cases are eventually settled before or during trial

2 ADR Winning/Losing vrs Preserving the Relationship ADR Techniques The Neutral a Third Party Binding vrs Non-binding Decisional vrs Non-decisional Facilitative vrs Evaluative Neutral

3 Forms of ADR Arbitration Early Neutral Evaluation Mediation Mini-trials Dispute Review Boards (DRB) Partnering Arbitration Typically Binding Rent-a-Judge Reduced Litigation Costs Frequently Compromise Outcomes - Splitting the Baby Baseball Arbitration - Bottom Line (Win or Lose)

4 Arbitration Advantages Expertise of the Decision Maker Finality of the Decision Privacy of the Proceedings Procedural Informality Reduced Costs Speed Early Neutral Evaluation (Similar to Non-binding Arbitration) Third Party Neutral Typically Pre-trial Investigate the Issue(s) Hear the Respective Positions Render a Non-binding Assessment

5 How Early is early? ADR is best when performed before parties have established positions too rigid Early Neutral Agreement Promotes expeditious resolution before impasse Cost Sharing Hiring of the Neutral Exchange of Documents Statements of Positions Other Pertinent Matters

6 Mediation Voluntary & Consensual Informal & Flexible Select Mediator Acceptable to Both Individual Sessions Joint Sessions Typically After Negotiation Impasse Evaluative vrs Facilitative Traditional Negotiation Lawyer Lawyer Owner Contractor

7 Mediation Mediator Lawyer Lawyer Owner Contractor Mini-trials Mini-trial is not a Trial Information Exchange Typically 3 rd Party Abbreviated but Structured Proceeding Involves High Level Executives (usually not previously involved in the dispute with authority to settle) Typically Large/Complex Issues Speed and Privacy

8 Dispute Review Boards GOAL --- Dispute Avoidance Typically Large Construction Projects Emphasis on Preserving Long-Term Relationships Early Non-binding Intermediate Step DRB s Typically Consists of 3 Neutrals Each Party Selects 1 Neutral Early in Project The 2 Neutrals Select the 3rd (Chairman) Dispute Review Boards Members Provided with Copy of Contract to include Plans & Specs Provided Progress Reports Visit Job-site on Periodical Basis Typically Meet on Quarterly Basis Senior Personnel from Both Parties Attend Render Assessments and/or Non-binding Decisions

9 Partnering Job-site Dispute Avoidance Agreement Established in Effort to Transform Traditional Adversarial Relationship into more Collaborative Goal is to Establish Long-Term Business Relationship for Economic Advantages Partnering Agreements DO NOT Change the Contract Terms & Conditions Develop Common Goals & Commitment to Work Together Partnering Share Risks in Completing Project Through Teamwork & Joint Problem Solving Periodic Joint Workshops Develop Formal Charter with Vision/Goals Develop & Issue Resolution Procedures Involves a Change in Attitude

10 Partnering Characteristics Cultural Change Barrier Removal Teamwork Non-adversarial Environment Mutual Goals Open Communications Responsive Attitude Joint Problem Solving Accepting Responsibility Accountability Team Commitment Dispute Resolution Ladder ADR Objectives Minimize Costs Speed Privacy Maintain Relationship(s) Precedent

11 Roadblocks to Settlement Poor Communication Ego(s) Different Interests Cannot Agree on the Facts Cannot Agree on the Law(s) Confidence in Winner-Take-All ADR Results --- Who s Happy? Non-binding Early Neutral Clients Substantially Pleased Non-binding Disputes Review Board Clients Substantially Pleased Non-binding Mediation Clients Substantially Pleased Non-binding Minitrial Clients Generally Satisfied

12 ADR Results --- Who s Unhappy? Court Unlikely to Satisfy Objectives Binding Arbitration Clients Objectives Somewhat Satisfied Thank You Questions or Comments?

Form 6A ALTERNATIVE DISPUTE RESOLUTION (ADR) FORM

Form 6A ALTERNATIVE DISPUTE RESOLUTION (ADR) FORM Form 6A ALTERNATIVE DISPUTE RESOLUTION (ADR) FORM The State Courts regard Alternative Dispute Resolution (ADR) as the first stop of a court process. ADR is crucial in the cost-effective and amicable resolution

More information

Alternative Dispute Resolution

Alternative Dispute Resolution Alternative Dispute Resolution Guiding Principle Employing alternate dispute resolution techniques in contractual disagreements may result in equitable settlements without going through the formal litigation

More information

Alternative Dispute Resolution

Alternative Dispute Resolution Alternative Dispute Resolution Michael Cohen, Chairman Emeritus, The Academy of Experts, Past President, EuroExpert Before even starting to look at ADR (Alternative Dispute Resolution) it is important

More information

Litigation and Dispute Resolution Bulletin

Litigation and Dispute Resolution Bulletin Litigation and Dispute Resolution Bulletin May 2008 Fasken Martineau DuMoulin LLP Alternative Dispute Resolution Vancouver Calgary Toronto Ottawa Montréal Québec City London Johannesburg www.fasken.com

More information

Chapter 1: Understanding ADR and Mediation

Chapter 1: Understanding ADR and Mediation Chapter 1: Understanding ADR and Mediation 1. What is ADR? ADR is usually used as an acronym for alternative dispute resolution, which is defined as any process or procedure other than adjudication by

More information

Mediate, Arbitrate or Court? Which way do you go? Condominium Mediation and Arbitration

Mediate, Arbitrate or Court? Which way do you go? Condominium Mediation and Arbitration Mediate, Arbitrate or Court? Which way do you go? Condominium Mediation and Arbitration Presented April 9, 2011 at CCI-GHC Conference and Tradeshow All under one Roof By Colm Brannigan 2 INTRODUCTION The

More information

Disaster Recovery Claims Resolution Services Programs

Disaster Recovery Claims Resolution Services Programs Disaster Recovery Claims Resolution Services Programs For Homeowner, Property and Business Claims When natural and other disasters like windstorms, tornados, hurricanes and fire strike, they can result

More information

Compilation of Sample Mediation Clauses

Compilation of Sample Mediation Clauses Compilation of Sample Mediation Clauses Alternative Dispute Resolution Committee of the New York City Bar Association June 8, 2016 THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK 42 West 44 th Street,

More information

Should I go to Court?

Should I go to Court? Should I go to Court? lle: 8/16 Main St, Huonville 7109 DX 70754, Huonville PO Box 239, Huonville 7109 Ph: 03 6264 2967 Level 1, 18 Elizabeth St, Hobart 7000 DX 231, Hobart GPO Box 16, Hobart 7001 Ph:

More information

Describe the Different Methods of Alternative Dispute Resolution Available to do with Civil Courts.

Describe the Different Methods of Alternative Dispute Resolution Available to do with Civil Courts. 1 Describe the Different Methods of Alternative Dispute Resolution Available to do with Civil Courts. In Lord Woolf s Report Access to Justice (1996) one of the key recommendations was to encourage the

More information

B R e s t o R i n g C o n f i d e n C e

B R e s t o R i n g C o n f i d e n C e B u i l d i n g B C Options for Resolving Residential Construction Disputes R e s t o r i n g C o n f i d e n c e Canadian Cataloguing in Publication Data Main entry under title: Options for resolving

More information

Regulation and Adjudication in Construction Contracts

Regulation and Adjudication in Construction Contracts Regulation and Adjudication in Construction Contracts Jidesh Kumar Advocate & Managing Partner King Stubb & Kasiva Advocates E-mail: bangalore@ksandk.com New Delhi I Bangalore I Mumbai I Chennai Why do

More information

What is Online Dispute Resolution? Why use Online Dispute Resolution? What are the different types of Online Dispute Resolution?

What is Online Dispute Resolution? Why use Online Dispute Resolution? What are the different types of Online Dispute Resolution? What is Online Dispute Resolution? A Guide for Consumers (brochure title) What is Online Dispute Resolution? Definition Online Dispute Resolution (ODR) uses alternative dispute resolution processes to

More information

Alternate Dispute Resolution and Asbestos

Alternate Dispute Resolution and Asbestos Page 1 of 6 Alternate Dispute Resolution and Asbestos From National Insulation and Abatement Contractors' Outlook Magazine, April 1990 John E. Osborn The 1980 s have seen the passage of a massive volume

More information

PROS AND CONS OF COMMON ADR PROCESSES

PROS AND CONS OF COMMON ADR PROCESSES PROS AND CONS OF COMMON ADR PROCESSES 2 October 2012 Sonya Leydecker, Partner, Head of Litigation and Arbitration Division, +44 20 7466 2337 sonya.leydecker@hsf.com Alexander Oddy, Partner, Head of ADR,

More information

Dispute Resolution Bringing A Small Claim

Dispute Resolution Bringing A Small Claim Dispute Resolution Bringing A Small Claim Kirwans is one of the North West s most forward thinking law firms. As an allservicing firm, our success has been built upon delivering expert knowledge and expertise

More information

Alternatives to Going to Court

Alternatives to Going to Court Alternatives to Going to Court Going to trial to have a judge hear evidence and make a decision is sometimes the most effective way of resolving a difficult legal dispute. However, it is also one of the

More information

I. ADR IS APPROPRIATE FOR MOST ANTITRUST CASES A. Big Picture How Best to Resolve Antitrust Case?

I. ADR IS APPROPRIATE FOR MOST ANTITRUST CASES A. Big Picture How Best to Resolve Antitrust Case? What Every Antitrust Lawyer Should Know About Alternative Dispute Resolution November 6, 2003 Presentation at the ABA 2003 Administrative Law Conference by Keith L. Seat 1 I. ADR IS APPROPRIATE FOR MOST

More information

Mediation & Pre-trial Conferences

Mediation & Pre-trial Conferences Mediation & Pre-trial Conferences OBA Civil Litigation Section March 6, 2013 Ranjan K. Agarwal, Bennett Jones LLP Shara Roy, Lenczner Slaght Royce Smith Griffin LLP Mediation 2 1 The Rules Rule ue 24.1

More information

Alternative Dispute Resolution (ADR) Procedures

Alternative Dispute Resolution (ADR) Procedures Alternative Dispute Resolution (ADR) Procedures The background Traditional dispute resolution procedures Private Negotiation 1. A lost skill, negotiation is a process of the parties themselves or via skilled

More information

Conflict-Resolution-Jobs-Keywords

Conflict-Resolution-Jobs-Keywords Advocacy Advocate Alternative Dispute Resolution Coordinator Alternative Dispute Mediator Alternative Dispute Resolver Alternative Dispute Resolution Alternative Dispute Resolution Systems Analyst Arbitrator

More information

DISPUTE RESOLUTION AND ADMINISTRATIVE CLAIM PROCESS

DISPUTE RESOLUTION AND ADMINISTRATIVE CLAIM PROCESS City of Cincinnati Proposal Note 025 10/15/2004 DISPUTE RESOLUTION AND ADMINISTRATIVE CLAIM PROCESS The Contractor must follow this process in order to resolve disputes on the project and to seek additional

More information

Resolving IP and Technology Disputes Through WIPO ADR. Getting back to business

Resolving IP and Technology Disputes Through WIPO ADR. Getting back to business Resolving IP and Technology Disputes Through WIPO ADR Getting back to business Intellectual property (IP) is a central component of today s knowledge economy, and its efficient exploitation is of growing

More information

Your Guide to North Carolina Collaborative Family Law Procedure

Your Guide to North Carolina Collaborative Family Law Procedure Your Guide to North Carolina Collaborative Family Law Procedure What is collaborative family Law? North Carolina law now offers a non-adversarial procedure for ending marriage and resolving family law

More information

out of FAMILY MEDIATION

out of FAMILY MEDIATION Getting the Most out of FAMILY MEDIATION a guide for clients by Sharon B. Silbert What is family mediation? Mediation is a voluntary process where a dispute resolution professional called a mediator helps

More information

HOMESELLERS/HOMEBUYERS DISPUTE RESOLUTION MEDIATION PROGRAM

HOMESELLERS/HOMEBUYERS DISPUTE RESOLUTION MEDIATION PROGRAM HOMESELLERS/HOMEBUYERS DISPUTE RESOLUTION MEDIATION PROGRAM ---------------- A FAST, EASY, AND INEXPENSIVE ALTERNATIVE TO LITIGATION --------------- 5300 International Blvd.,Suite C-105 Charleston, SC

More information

EVERYTHING YOU NEED TO KNOW ABOUT MEDIATION

EVERYTHING YOU NEED TO KNOW ABOUT MEDIATION EVERYTHING YOU NEED TO KNOW ABOUT MEDIATION Table of Contents 1. What is mediation?... 3 2. How do I find the right mediator?... 3 3. How much does a mediator cost?... 3 4. How do I book a mediator?...

More information

Family Law Dispute Resolution Options

Family Law Dispute Resolution Options Family Law Dispute Resolution Options If you are presented with a divorce or other family law matter which requires a resolution, there are a number of procedural models which may be used. The most commonly

More information

ADR PREFERENCE AND USAGE. In Collaboration with General Practice Solo and Small Firm Division of the American Bar Association

ADR PREFERENCE AND USAGE. In Collaboration with General Practice Solo and Small Firm Division of the American Bar Association ADR PREFERENCE AND USAGE In Collaboration with General Practice Solo and Small Firm Division of the American Bar Association CONTENTS GP SOLO ADR Survey Overview 1 Executive Summary of Key Findings 2 Detailed

More information

NOTICE TO THE BAR. /s/ Philip S. Carchman

NOTICE TO THE BAR. /s/ Philip S. Carchman NOTICE TO THE BAR DIVORCE DISPUTE RESOLUTION ALTERNATIVES TO CONVENTIONAL LITIGATION DESCRIPTIVE MATERIAL REQUIRED BY RULE 5:4-2(h); CERTIFICATION FORMS As part of the July 27 rule amendments that went

More information

1. As of August 31, 2014, there were 27,588 cases pending before the Court. The petitioners were self-represented in 19,721 (71%) of those cases.

1. As of August 31, 2014, there were 27,588 cases pending before the Court. The petitioners were self-represented in 19,721 (71%) of those cases. International Association of Tax Judges Fifth Assembly, Washington, D.C. October 23 and 24, 2014 Panel on Protection of Taxpayer in Court Special Trial Judge Lewis R. Carluzzo United States Tax Court I.

More information

The What to Expect Series FINRA s Dispute Resolution Process 1

The What to Expect Series FINRA s Dispute Resolution Process 1 FINRA s Dispute Resolution Process 1 What to Expect: FINRA s Dispute Resolution Process It is rare for most firms to find themselves in a dispute with a customer, an employee, or another firm that escalates

More information

Mediation and collaborative divorce are alternative dispute resolution procedures that offer a number of advantages over a traditional divorce.

Mediation and collaborative divorce are alternative dispute resolution procedures that offer a number of advantages over a traditional divorce. After the loss of a loved one, the next most stressful thing you can experience in a marriage is going through a divorce. Even under the best circumstances, divorce can tear a family apart. Yes, there

More information

Army Alternative Dispute Resolution. ADR Program Office Office of the General Counsel

Army Alternative Dispute Resolution. ADR Program Office Office of the General Counsel Army Alternative Dispute Resolution ADR Program Office Office of the General Counsel Overview ADR Definition and place in the dispute resolution spectrum Major ADR authorities of interest to practitioners

More information

A Client s Guide to Personal Injury Mediation

A Client s Guide to Personal Injury Mediation A Client s Guide to Personal Injury Mediation 1 What is Mediation? Mediation is a way of settling your compensation claim. It is an alternative to going to court. It involves negotiation between you and

More information

DISPUTE RESOLUTION TERMS

DISPUTE RESOLUTION TERMS National Alternative Dispute Resolution Advisory Council DISPUTE RESOLUTION TERMS The use of terms in (alternative) dispute resolution Sept. 03 Contents INTRODUCTION... 1 Why is consistency of terms needed?...

More information

PBK K-12 Collaborative Law in Public Sector Construction

PBK K-12 Collaborative Law in Public Sector Construction PBK K-12 Collaborative Law in Public Sector Construction Houston \\ Baton Rouge \\ Tulsa \\ San Antonio \\ Austin \\ Dallas \\ Fort Worth \\ McAllen \\ El Paso 1-800-938-7272 \\ PBK.com PBK - Architecture

More information

Alternative Dispute Resolution. Robert H. Mnookin

Alternative Dispute Resolution. Robert H. Mnookin March 4, 1998 Alternative Dispute Resolution Robert H. Mnookin Alternative dispute resolution (ADR) refers to a set of practices and techniques aimed at permitting the resolution of legal disputes outside

More information

Taking Action. Dispute resolution, legal action and claims for negligence

Taking Action. Dispute resolution, legal action and claims for negligence Taking Action Dispute resolution, legal action and claims for negligence Taking Action Part 3: Dispute Resolution, taking legal action and claims for negligence Introduction If you believe an architect

More information

JAMS Guide to Dispute Resolution for Employment Programs and Sample Clause Language

JAMS Guide to Dispute Resolution for Employment Programs and Sample Clause Language JAMS Guide to Dispute Resolution for Employment Programs and Sample Clause Language Effective October 2014 JAMS Guide to Dispute Resolution for Employment Programs and Sample Clause Language JAMS provides

More information

"No Losers in Mediation" Article

No Losers in Mediation Article "No Losers in Mediation" Article The following article, first published in the September/October 2001 issue of Real Estate Business, provides practical information on mediation. It is reproduced with the

More information

Commission on E-Business, IT and Telecoms Task Force on Consumer Policy for E-Business

Commission on E-Business, IT and Telecoms Task Force on Consumer Policy for E-Business International Chamber of Commerce The world business organization Department of Policy and Business Practices Commission on E-Business, IT and Telecoms Task Force on Consumer Policy for E-Business ICC

More information

ALTERNATIVE DISPUTE RESOLUTION AND THE FINANCIAL EXPERT

ALTERNATIVE DISPUTE RESOLUTION AND THE FINANCIAL EXPERT ALTERNATIVE DISPUTE RESOLUTION AND THE FINANCIAL EXPERT Thomas R. Johnson KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP Henry W. Oliver Building 535 Smithfield Street Pittsburgh, PA 15222 Phone: 412.355.6488

More information

DISPUTE RESOLUTION IN KANSAS PROVIDED BY THE: DISPUTE RESOLUTION ADVISORY COUNCIL AND THE

DISPUTE RESOLUTION IN KANSAS PROVIDED BY THE: DISPUTE RESOLUTION ADVISORY COUNCIL AND THE September 2002 DISPUTE RESOLUTION IN KANSAS PROVIDED BY THE: DISPUTE RESOLUTION ADVISORY COUNCIL AND THE OFFICE OF JUDICIAL ADMINISTRATION DISPUTE RESOLUTION COORDINATOR 1 CONTENTS 1) Dispute Resolution

More information

IN THE COUNTY COURT IN AND FOR WAKULLA COUNTY, FLORIDA. Case No.

IN THE COUNTY COURT IN AND FOR WAKULLA COUNTY, FLORIDA. Case No. SMALL CLAIMS COURT What is a Small Claims case? A Small Claims case is a legal action filed in County Court to settle minor legal disputes among parties where the dollar amount involved is $5,000.00 or

More information

DISCOVERING THE LESSER KNOWN ALTERNATIVE DISPUTE RESOLUTION PROCESSES TO RESOLVE INTELLECTUAL PROPERTY DISPUTES. Bradley J. Walz

DISCOVERING THE LESSER KNOWN ALTERNATIVE DISPUTE RESOLUTION PROCESSES TO RESOLVE INTELLECTUAL PROPERTY DISPUTES. Bradley J. Walz DISCOVERING THE LESSER KNOWN ALTERNATIVE DISPUTE RESOLUTION PROCESSES TO RESOLVE INTELLECTUAL PROPERTY DISPUTES by Bradley J. Walz INTRODUCTION The phrase alternative dispute resolution ( ADR ) describes

More information

Divorce Mediation Myths

Divorce Mediation Myths Divorce Mediation Myths Debunking divorce mediation myths: Facts about the mediation process. Myth: Mediation allows one spouse to dominate another. Fact: A good mediator pays close attention to the power

More information

6 STEPS TO SUCCESSFUL RESOLUTION

6 STEPS TO SUCCESSFUL RESOLUTION 6 STEPS TO SUCCESSFUL RESOLUTION Brought to you by Mediate Today Table of Contents Introduction... 2 Step 1: Understand Your Dispute... 3 Step 2: Understanding Your Options... 4 Step 3: Select Dispute

More information

ALTERNATIVE DISPUTE RESOLUTION (ADR) ANNUAL REPORT FISCAL YEAR 2011 REPORTING COMPONENT US DOD/OIG

ALTERNATIVE DISPUTE RESOLUTION (ADR) ANNUAL REPORT FISCAL YEAR 2011 REPORTING COMPONENT US DOD/OIG ALTERNATIVE DISPUTE RESOLUTION (ADR) ANNUAL REPORT FISCAL YEAR 2011 REPORTING COMPONENT US DOD/OIG REPORT CONTROL SYMBOL DD-GC(A)2099 Please adhere to the definitions on pages 3 and 4 or, in the alternative,

More information

MEDIATION PROCEDURES FOR RESOLVING BUSINESS-TO-BUSINESS DISPUTES

MEDIATION PROCEDURES FOR RESOLVING BUSINESS-TO-BUSINESS DISPUTES 6465 Wayzata Blvd., Suite 470 Minneapolis, MN 55426 Phone: 800-474-2371 Fax: 952-345-1160 www.adrforum.com MEDIATION PROCEDURES FOR RESOLVING BUSINESS-TO-BUSINESS DISPUTES July 11, 2014 1 FORUM Request

More information

60 Day Expert Determination Structured to Meet the Commercial Expectations of Business Management

60 Day Expert Determination Structured to Meet the Commercial Expectations of Business Management 60 Day Expert Determination Structured to Meet the Commercial Expectations of Business Management By Charles O Neil FCIArb and Dr. Michael Hammes Published in Arbitration Journal April 2011 (Chartered

More information

ROLE OF ATTORNEYS IN MEDIATION PROCESS

ROLE OF ATTORNEYS IN MEDIATION PROCESS ROLE OF ATTORNEYS IN MEDIATION PROCESS Overview A party who chooses to resolve a dispute through mediation may or may not be represented by a lawyer at any point in the process. At the option of the party,

More information

Dispute Resolution. White Paper. This document on Dispute Resolution outlines the four main approaches to resolving contractual disputes.

Dispute Resolution. White Paper. This document on Dispute Resolution outlines the four main approaches to resolving contractual disputes. White Paper Dispute Resolution This document on Dispute Resolution outlines the four main approaches to resolving contractual disputes. CIPS members can record one CPD hour for reading a CIPS Knowledge

More information

Wisconsin Lawyers Use Cooperative Practice in Divorce Cases John Lande University of Missouri School of Law

Wisconsin Lawyers Use Cooperative Practice in Divorce Cases John Lande University of Missouri School of Law Wisconsin Lawyers Use Cooperative Practice in Divorce Cases John Lande University of Missouri School of Law What can you do if, as a lawyer, you want to negotiate a divorce cooperatively from the outset

More information

What to Expect In Your Lawsuit

What to Expect In Your Lawsuit What to Expect In Your Lawsuit A lawsuit is a marathon not a sprint. Stewart R. Albertson. There is a saying that the wheels of justice move slowly. That is as true today as when it was initially stated.

More information

Customer. Arbitration

Customer. Arbitration Customer Arbitration Process _14_Customer_Arbitration_Brochure_070513.indd 1 7/5/13 11: VERY IMPORTANT Experience has shown that most customer concerns can be resolved without resorting to the Customer

More information

Pros and cons of common ADR processes

Pros and cons of common ADR processes Pros and cons of common ADR processes es/1692727_1 1 Pros and cons of common ADR processes We set out in this document a short discussion of the advantages and disadvantages of some of the most common

More information

Mediation; Alternative Dispute Resolution (ADR); and the Alaska Court System

Mediation; Alternative Dispute Resolution (ADR); and the Alaska Court System Contents Mediation; Alternative Dispute Resolution (ADR); and the Alaska Court System (December 1999) Purpose of this Booklet...1 I. What is Alternative Dispute Resolution?...2 II. Why Use ADR?...3 III.

More information

Divorce and separation. Choosing the right process for you

Divorce and separation. Choosing the right process for you Divorce and separation Choosing the right process for you Divorce, the dissolution of a civil partnership or separation can often cause conflict and heartache. Having the right professional advice and

More information

If you have been sued as a defendant in a civil case...keep reading.

If you have been sued as a defendant in a civil case...keep reading. If you have been sued as a defendant in a civil case...keep reading. Court procedures can be complex. This brochure was developed to help Ohioans who are considering representing themselves in court. It

More information

WHY MEDIATE? No Winners

WHY MEDIATE? No Winners WHY MEDIATE? By Robert E. Lee Wright 1 Parties to lawsuits often do not understand the litigation process or what is involved in going through trial until too much money and emotion have been spent. Only

More information

A Just Alternative or Just an Alternative? Mediation and the Americans with Disabilities Act

A Just Alternative or Just an Alternative? Mediation and the Americans with Disabilities Act A Just Alternative or Just an Alternative? Mediation and the Americans with Disabilities Act by Paul Steven Miller Originally published in 62 OHIO ST. L.J. 11 (2001). I. Introduction Over the years, the

More information

Why use ADR? Pros & cons

Why use ADR? Pros & cons Why use ADR? Pros & cons Thinking about ADR? This leaflet is for you if you ve heard about alternative dispute resolution (ADR) and are wondering whether to use it to try and resolve a dispute. It will

More information

CPR BANKING INDUSTRY DISPUTE RESOLUTION COMMITMENT COMPANY ADDRESS CITY, STATE, ZIP TELEPHONE/FAX

CPR BANKING INDUSTRY DISPUTE RESOLUTION COMMITMENT COMPANY ADDRESS CITY, STATE, ZIP TELEPHONE/FAX CPR BANKING INDUSTRY DISPUTE RESOLUTION COMMITMENT COMPANY ADDRESS CITY, STATE, ZIP TELEPHONE/FAX Disputes arise between companies in the banking industry. We wish to avoid the high expense, long delays,

More information

A presentation by Just Mediation, LLC Helping People Tackle Problems Instead of Each Other

A presentation by Just Mediation, LLC Helping People Tackle Problems Instead of Each Other A presentation by Just Mediation, LLC Helping People Tackle Problems Instead of Each Other 2010 by Just Mediation, LLC, for more information: www.justmediationllc.com 803-414-0185 What are my options?

More information

UMKC SCHOOL OF LAW ELECTIVE COURSE INFORMATION FALL 2010

UMKC SCHOOL OF LAW ELECTIVE COURSE INFORMATION FALL 2010 UMKC SCHOOL OF LAW ELECTIVE COURSE INFORMATION FALL 2010 COURSE NAME: Alternative Dispute Resolution COURSE NUMBER: 8732 PROFESSOR: Mary Kay Kisthardt ESSENTIAL PREREQUISITES: None DESIRABLE PREREQUISITES:

More information

September 10 12. Promoting Regulatory Excellence. Presenters:

September 10 12. Promoting Regulatory Excellence. Presenters: Session Title: Alternative Dispute Resolution Presenters: Kennetha Julien, Director Office of Expedited Settlement Colorado Dept. of Regulatory Agencies Ilene Wolf Moore Office of Attorney General First

More information

Customized Arbitration Training for Corporate Legal Departments

Customized Arbitration Training for Corporate Legal Departments Customized Arbitration Training for Corporate Legal Departments CPR has teamed with the College of Commercial Arbitrators ( CCA ) to launch a new and exciting training opportunity for CPR s corporate members.

More information

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective by Lawrence R. DeMarcay, III Presented to the Offshore Marine Services Association / Loyola College of Law Industry Seminar

More information

MEDIATION, AND SOME TIPS FOR GETTING THE BEST OUT OF IT

MEDIATION, AND SOME TIPS FOR GETTING THE BEST OUT OF IT MEDIATION, AND SOME TIPS FOR GETTING THE BEST OUT OF IT By Rosemary Jackson QC, Barrister and Mediator Keating Chambers Why mediation? After more than 25 years as a barrister specialising in construction

More information

AAML HOT TIPS. Matrimonial Arbitration. Lynn P. Burleson Tharrington Smith, L.L.P. Raleigh, North Carolina

AAML HOT TIPS. Matrimonial Arbitration. Lynn P. Burleson Tharrington Smith, L.L.P. Raleigh, North Carolina AAML HOT TIPS Matrimonial Arbitration Lynn P. Burleson Tharrington Smith, L.L.P. Raleigh, North Carolina I. Enact your own state matrimonial law arbitration act. On October 1, 1999, North Carolina joined

More information

Efficient alternative dispute resolution (ADR) for intellectual property disputes

Efficient alternative dispute resolution (ADR) for intellectual property disputes 13.1 Efficient alternative dispute resolution (ADR) for intellectual property disputes More and more rights holders are recognizing the benefits of using private neutral mechanisms that allow parties to

More information

STEPS TO AN EFFECTIVE SETTLEMENT CONFERENCE: AT THE TABLE BY: U.S. MAGISTRATE JUDGE MORTON DENLOW NORTHERN DISTRICT OF ILLINOIS

STEPS TO AN EFFECTIVE SETTLEMENT CONFERENCE: AT THE TABLE BY: U.S. MAGISTRATE JUDGE MORTON DENLOW NORTHERN DISTRICT OF ILLINOIS STEPS TO AN EFFECTIVE SETTLEMENT CONFERENCE: AT THE TABLE BY: U.S. MAGISTRATE JUDGE MORTON DENLOW NORTHERN DISTRICT OF ILLINOIS I. INTRODUCTION. In my last article, I discussed steps the court and counsel

More information

the court determines at a non-jury hearing that the award is not in the best interest of the child. The burden of proof at a hearing under this

the court determines at a non-jury hearing that the award is not in the best interest of the child. The burden of proof at a hearing under this MEDIATION Texas Family Code 6.602. MEDIATION PROCEDURES. (a) On the written agreement of the parties or on the court's own motion, the court may refer a suit for dissolution of a marriage to mediation.

More information

Collaborative Agreement of The Collaborative Law Network (TCLN)

Collaborative Agreement of The Collaborative Law Network (TCLN) Collaborative Agreement of The Collaborative Law Network (TCLN) ESSENCE OF THE PROCESS 1. Collaborative Family Law is a cooperative and voluntary process. Both the lawyers and the parties acknowledge that

More information

BRINGING AN EVALUATIVE COMPONENT TO YOUR AGENCY S DISPUTE RESOLUTION EFFORTS

BRINGING AN EVALUATIVE COMPONENT TO YOUR AGENCY S DISPUTE RESOLUTION EFFORTS BRINGING AN EVALUATIVE COMPONENT TO YOUR AGENCY S DISPUTE RESOLUTION EFFORTS EEOC EXCEL CONFERENCE 2014 SAN DIEGO, CA Julie Procopiow Todd Administrative Judge/EASE Coordinator EEOC Philadelphia District

More information

Divorce and separation. Choosing the right process for you

Divorce and separation. Choosing the right process for you Divorce and separation Choosing the right process for you Divorce or separation is often a time of conflict and heartache. Having the right professional advice and support can make all the difference.

More information

The International Centre for Dispute Resolution Mediation Practice 1

The International Centre for Dispute Resolution Mediation Practice 1 The International Centre for Dispute Resolution Mediation Practice 1 Luis M. Martinez and Thomas Ventrone In addition to its arbitration services the International Centre for Dispute Resolution (ICDR),

More information

ALTERNATIVE DISPUTE RESOLUTION

ALTERNATIVE DISPUTE RESOLUTION ALTERNATIVE DISPUTE RESOLUTION Presented by Carmella Ben-Simon Barrister Victorian Bar Owen Dixon Chambers West 17th floor 525 Lonsdale Street Melbourne 3000. T 92258585 F 9225 8024 DX 92 Melbourne Clerk

More information

ART ARBITRATION THE (PAINTING YOUR WAY TO PAYMENT!)

ART ARBITRATION THE (PAINTING YOUR WAY TO PAYMENT!) ART THE OF ARBITRATION (PAINTING YOUR WAY TO PAYMENT!) Karen L. Hart Bell Nunnally & Martin LLP karenh@bellnunnally.com 214-740-1444 NACM Credit Congress 2015 DISPUTE RESOLUTION Mediation Litigation Arbitration

More information

NON-COURT DISPUTE RESOLUTION CLIENT GUIDE

NON-COURT DISPUTE RESOLUTION CLIENT GUIDE NON-COURT DISPUTE RESOLUTION CLIENT GUIDE Non-court Dispute Resolution This document provides general guidance regarding alternatives to court in family law matters including the requirement to attend

More information

DEPARTMENT OF DEFENSE Defense Contract Management Agency INSTRUCTION. Alternative Dispute Resolution (ADR)

DEPARTMENT OF DEFENSE Defense Contract Management Agency INSTRUCTION. Alternative Dispute Resolution (ADR) DEPARTMENT OF DEFENSE Defense Contract Management Agency INSTRUCTION Alternative Dispute Resolution (ADR) Office of General Counsel DCMA-INST 902 OPR: DCMA-GC 1. REISSUANCE AND PURPOSE. This Instruction:

More information

MINIMIZING THE FINANCIAL AND EMOTIONAL PAIN OF DIVORCE

MINIMIZING THE FINANCIAL AND EMOTIONAL PAIN OF DIVORCE MINIMIZING THE FINANCIAL AND EMOTIONAL PAIN OF DIVORCE By: David M. Wildstein, Esq. 1 A divorce proceeding can be emotionally and financially draining to the parties. The emotional components conjure up

More information

58 th UIA CONGRESS Florence / Italy October 29 November 2, 2014 FAMILY LAW COMMISSSION. Family Law Mediation and the Role of Today s Family Lawyer

58 th UIA CONGRESS Florence / Italy October 29 November 2, 2014 FAMILY LAW COMMISSSION. Family Law Mediation and the Role of Today s Family Lawyer 58 th UIA CONGRESS Florence / Italy October 29 November 2, 2014 FAMILY LAW COMMISSSION Friday, October 31, 2014 Family Law Mediation and the Role of Today s Family Lawyer Family Mediation in Florida Donna

More information

',1',,,i# *n jad. lltr* _f,.s

',1',,,i# *n jad. lltr* _f,.s ',1',,,i# l* b* *n jad lltr* t1 _f,.s t fi 'WHo Is NAM? -Wp An-E A Malon ADR PRovrnnR FoR: I Commercial/Business/Corporate I Construction I Employment r lnsurance I Personal/Catastrophic lnjury I Real

More information

Thank you for your consideration.

Thank you for your consideration. I would first like to extend to you my appreciation for considering Reed & Reed for your mediation requirements. In attempting to resolve your dispute through mediation you have taken a major step in the

More information

Alternative tax dispute resolution techniques: Is litigation the only option?

Alternative tax dispute resolution techniques: Is litigation the only option? Alternative tax dispute resolution techniques: Is litigation the only option? Moderator: Milan 6 February 2014 Ulrich Raensch (Baker & McKenzie, Frankfurt) Pedro Aguaron (Baker & McKenzie, Barcelona) Richard

More information

Conflict Management and the Use of Alternative Dispute Resolution Certificate Program

Conflict Management and the Use of Alternative Dispute Resolution Certificate Program Conflict Management and the Use of Alternative Dispute Resolution Certificate Program OVERVIEW Alternative Dispute Resolution is a collection of strategies for resolving legal disputes outside of the usual

More information

CHAPTER 6 INSTITUTIONAL FRAMEWORK

CHAPTER 6 INSTITUTIONAL FRAMEWORK CHAPTER 6 INSTITUTIONAL FRAMEWORK SUPERVISORY STRUCTURE FOR THE VOLUNTARY HEALTH INSURANCE SCHEME 6.1. We propose to put in place a governing framework for overseeing the implementation of the Voluntary

More information

The 5 Golden Rules HOW TO FIND AND HIRE AN EXCEPTIONAL PERSONAL INJURY LAWYER!

The 5 Golden Rules HOW TO FIND AND HIRE AN EXCEPTIONAL PERSONAL INJURY LAWYER! The 5 Golden Rules HOW TO FIND AND HIRE AN EXCEPTIONAL PERSONAL INJURY LAWYER! Golden Rule Number 1 DO YOUR RESEARCH Research your lawyer s background before you hire him! Would you hire a doctor, dentist

More information

Do We Need Process Of Dispute Settlement In Managing Today? Professor Chris Rowley

Do We Need Process Of Dispute Settlement In Managing Today? Professor Chris Rowley Do We Need Process Of Dispute Settlement In Managing Today? Professor Chris Rowley Director, Centre for Research on Asian Management, City University. London, UK In may seem to many that in the context

More information

About the Collaborative Family Law Institute and the Collaborative Divorce Process

About the Collaborative Family Law Institute and the Collaborative Divorce Process About the Collaborative Family Law Institute and the Collaborative Divorce Process The Collaborative Family Law Institute is an association of skilled, like-minded attorneys, mental health professionals

More information

The Supreme Court of the Northwest Territories NOTICE TO THE PROFESSION CASE MANAGEMENT PROCEDURES GENERAL GUIDELINES

The Supreme Court of the Northwest Territories NOTICE TO THE PROFESSION CASE MANAGEMENT PROCEDURES GENERAL GUIDELINES The Supreme Court of the Northwest Territories NOTICE TO THE PROFESSION CASE MANAGEMENT PROCEDURES GENERAL GUIDELINES With the advent of the revised Rules of Court, it was thought appropriate to issue

More information

Alternative Dispute Resolution Procedures In Alabama With Mediation Model

Alternative Dispute Resolution Procedures In Alabama With Mediation Model ALABAMA SUPREME COURT COMMISSION ON DISPUTE RESOLUTION Alabama Center for Dispute Resolution Alternative Dispute Resolution Procedures In Alabama With Mediation Model Alabama State Bar Committee on Alternative

More information

LAWYERS AND THE DUTY TO NEGOTIATE

LAWYERS AND THE DUTY TO NEGOTIATE LAWYERS AND THE DUTY TO NEGOTIATE R. Bradley Hunter Q.C. Hunter Peterson Deagle LLP Barristers, Solicitors and Collaborative Lawyers #600 2500 Victoria Avenue Regina, Saskatchewan Canada S4P 3X2 Telephone:

More information

Your Patent Has Been Infringed: Now What? Timothy Ellam Steven Tanner

Your Patent Has Been Infringed: Now What? Timothy Ellam Steven Tanner Your Patent Has Been Infringed: Now What? Timothy Ellam Steven Tanner April 23, 2014 Calgary, Alberta 11 Factors to Consider Prior to Commencing a Lawsuit 1. Patent Portfolio 2. Infringement Opinion 3.

More information

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013.

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. TOYOTA ASSOCIATE DISPUTE RESOLUTION ( T-ADR ): Summary Description

More information

ADR Processes in Family Law

ADR Processes in Family Law Family Law Education Reform Project ADR Processes in Family Law ABSTRACT The use of ADR in family situations is common and wide-spread. The family lawyer must understand the different processes in order

More information

YOUR PARTNER FOR A WINNING SOLUTION

YOUR PARTNER FOR A WINNING SOLUTION YOUR PARTNER FOR A WINNING SOLUTION Mission Statement About MARC The MCCI Arbitration and Mediation Center (MARC) is an arm of the Mauritius Chamber of Commerce and Industry (MCCI). Created in 1996, as

More information

Finding and choosing a mediator

Finding and choosing a mediator Finding and choosing a mediator Thinking about mediation? This leaflet is for you if you ve heard about mediation and you re interested in trying it to resolve a dispute you are involved in. Or perhaps

More information