ADR Arbitration and Mediation Services
My office will conduct private alternative dispute resolution services including either non-binding or binding mediation or arbitration services under the following terms and conditions:
1. All parties are requested to submit information in support of their respective positions no later than ten (10) business days prior to the scheduled ADR session. A suggested format is provided which includes information regarding the factual basis of the claim, nature of the dispute, party allegations, claim for relief sought and a witness/evidentiary list. Each side is requested to exchange the submission prior to the initial ADR session.
2. ADR sessions are billed at the per diem rate of $1500.00 payable in advance. Each session is allocated up to six (6) hours.
3. Each ADR session is divided into three segments:
Segment one is a compact evidentiary segment where each party is allowed to present their case uninterrupted. In cases where there are multiple representatives for any party that party must designate one individual to present the matter. Claimant’s counsel will be allowed to make a brief opening statement followed by the Respondent’s counsel opening statement. As a general rule opening statements should be limited to ten minutes per side. The Claimant will then be allowed to present its case including testimony of witnesses or introduction of exhibits. When the Claimant’s case is completed the Respondent follows in the same manner. When the parties have completed their presentations the Respondent may make a brief closing statement. The Claimant is given the opportunity of making their closing statement last. Each side will be allotted one hour to present their case. Prior to the initial ADR session it is suggested that all documents to be introduced as exhibits be exchanged with the opposing side.
Segment two is a private individual session with myself generally of 30-45 minute duration to discuss in confidence the strengths and weaknesses of their cases and to explore resolution options.
Segment three is a joint resolution session where, should the parties mutually agree; I may render an advisory resolution proposal. At my discretion my advisory resolution proposal may be deferred for up to thirty days upon which a written recommendation will be sent concurrently to the respective parties. No discussions with my office about the case outside the ADR session may be had unless agreed to by both parties.
4. There is no record or transcript of the session made. Any oral and/or written information disclosed in the course of an ADR session which the parties want to be confidential shall be kept confidential. Evidence which would otherwise be admissible in the absence of the ADR session shall not be rendered inadmissible in any subsequent Formal hearing, civil or criminal action.
5. The ADR session will commence at 9:00 am and conclude by 4:00 pm. Normally a one hour recess is scheduled between the hours of 12:00 – 1:00 p.m.
6. The parties shall have the right to file respective briefs. It is recommended that briefs be concurrent with no reply briefs, however, the parties may agree to file replies. Briefs will normally be due thirty days after the close of the oral hearing.
7. A written decision will be rendered within 45 days of receipt of the briefs and will be sent to the respective parties.
To request mediation/arbitration services click ADR Arbitration/Medication Request.