|
Help Center
Case Fee
Chart | Guide To Choose A Process
| Prepare For Mediation | Supplementary
Procedures
Informal Conciliation
Parties involved in the case may utilize
this less formal process to directly communicate about their
problem and about a solution.
Informal Conciliation involves an online conference
or message board, initiated by one party, addressing an issue
needing resolution including alleged infractions of the Code
of Conduct in the center Agreements.
The claimant (the person bringing the dispute for resolution)
submits the issue to the dispute resolution process through
the ADR section of www.centeronline.com.
This takes the
claimant into the AAA online case system where the claimant
pays the fees and the parties informally message each other
on the site in an attempt to conciliate a mutually acceptable
resolution. Conciliation
benefits the parties by allowing them to conveniently and
privately utilize a message board for 1.) the exchange of
information along with their positions, and, 2.) the exchange
of suggestions for resolution acceptable to both sides.
If a resolution is not reached within the 30 day time
frame and the parties are not actively participating in conciliation
efforts, the AAA will notify the parties of the closing of
the matter and provide each party with information about how
to proceed to mediation or arbitration.
Mediation
Mediation involves an attempt by the parties to resolve their
dispute with the active assistance of a neutral third party.
The mediator's role is advisory—he or she may offer suggestions
but resolution of the dispute rests with the parties themselves.
Mediation proceedings are confidential and private.In the
center/ADR system, the mediation process will be conducted
in accordance with the AAA’s Commercial Mediation Procedures
by specially trained AAA staff mediators* selected by the
parties from the case site.
Mediation conferences will be initiated and held telephonically,
after the appointment of the mediator.
If the mediation is successful, the parties will document
their agreed upon settlement.
The mediator or the parties may terminate the proceeding
if it appears that further efforts at mediation are no longer
worthwhile. If
no settlement is reached by the parties within 30 days of
the appointment of the mediator and the mediator or parties
have not requested an extension of time, the mediation will
be terminated and either party may proceed to file the dispute
in Expedited Arbitration or Regular AAA Commercial Arbitration.
Legal counsel is not necessary but may be utilized
as parties see fit.
Some of the benefits of mediation include:
Ø
Parties are directly engaged in the negotiation of the
settlement.
Ø
The mediator, as a neutral third party, can view the dispute
objectively and can assist the parties in exploring alternatives
which they might not have considered on their own.
Ø
A mediation can be scheduled at an early stage in the
dispute, a settlement can be reached much more quickly.
Ø
Parties generally save money through reduced costs and
less time.
Ø
Creative solutions or accommodations to special needs
of the parties can become a part of the settlement. \
*AAA Staff Mediator Disclosure
Mediators for the center ADR program are employees of
the American Arbitration Association (“AAA”). The
AAA administers hundreds of thousands of dispute resolution
proceedings throughout the country and internationally each
year, and in doing so the AAA interacts with and provides services
for a large numbers of law firms, businesses and other organizations.
Therefore, the parties should assume that there is a
likelihood that the AAA has had some prior contact with some
or all of the parties or attorneys that may be involved in this
dispute.
While an Association-wide search for every potential contact
with the parties for a particular dispute is not feasible,
the AAA’s case management database will be reviewed regarding
the names of parties or counsel and the Mediator will disclose
to the parties some information regarding the extent to which
the AAA has administered other cases involving the parties
or counsel.
If one or both parties’ objections result in the AAA being
unable to supply a staff mediator, the mediation process may
be terminated and the fees will be allocated to a center arbitration,
if requested. However,
in no event will there be any refunds of administrative or
any other fees paid to the AAA.
If the arbitration is not requested or does not continue
forward within thirty days of the termination of the mediation,
the case will be considered withdrawn and the file will be
closed.
Expedited Arbitration
Arbitration is submission of a dispute to an impartial person
for a final and binding decision. Parties utilizing the arbitration
process turn the authority for the resolution of their dispute
over to a neutral third party—the arbitrator.
Expedited Arbitration in the center ADR program consists
of a streamlined procedure with limited timelines to bring
the dispute to conclusion in an efficient and cost effective
manner. The parties
submit their arguments and evidence, in text documents, to
the arbitrator online. When needed, the arbitrator may hold
a teleconference hearing with the parties to take further
evidence or hear arguments. The arbitrator then
makes an award. The
process is conducted in accordance with the Expedited Procedures
of the AAA’s Commercial Arbitration Rules with modifications
outlined in the Supplementary Procedures for resolution of
disputes in the Center for Responsible Appraisals and Valuations
(center), an entity of the National Community Reinvestment
Coalition (center). The parties may mutually select the arbitrator
using the procedures outlined in the Supplementary Procedures
and in accordance with the established time frames at the
online case site. The
Expedited Arbitration shall typically be completed by settlement
or award, within 60 calendar days of confirmation of the arbitrator’s
appointment. Legal
counsel is not necessary but may be utilized as parties see
fit.
You may wish to use Expedited Arbitration
for cases or claims which are amenable to being put before
the arbitrator on documents and exhibits, where in-person
and lengthy hearings would not be necessary.
Expedited arbitration is useful in cases where there
is not going to be a dispute about authenticity of documentary
evidence or witness testimony that needs to be resolved in
front of the arbitrator, in person.
Also, the arbitrator’s fee is limited in a center ADR
Expedited Arbitration, so these should be cases that can be
studied and decided in a day or less, including any teleconference
hearing that is held.
Optional Regular AAA Commercial Arbitration
An alternative arbitration process for
parties who feel their case is not appropriate for Expedited
Arbitration (documents only, with a possible teleconference
hearing) is using regular AAA Commercial Arbitration procedures.
For cases with complex, long term or significant issues
or where more than a day of an arbitrator’s time is needed
or where in-person hearings would be needed, the parties should
select regular arbitration.
This process utilizes
a single arbitrator and maintains specific timelines for movement
of the process. The
arbitrator’s fee per hour or per day appears in the Compensation
area of his or her AAA Resume and it is not fixed as it is
in the Expedited Arbitration process.
The hearing(s) may exceed a day and may take place
in person as guided by the arbitrator, with witnesses testifying
and presenting and authenticating documents as arranged by
the parties. AAA
has hearing facilities in its own offices and can arrange
for hearing rooms in cities where AAA does not have an office.
More details on traditional AAA Commercial Arbitration
can be found on AAA’s web site at www.adr.org
under Rules and Procedures and in the Guide to Mediation and
Arbitration for Business People.
The AAA standard fee schedule in existence when the
case is filed, will apply for these cases: the fee for non-monetary
claims.
|
