Business Mediation and Arbitration

Business Dispute Resolution

Conflict takes the joy out of business.

Whether by contractual obligation or by voluntary joint agreement of the parties, USADR arbitration offers an efficient process to get the situation resolved economically utilizing a fair process, so that you can get back to what you do best, enjoying your work. 

ADR Contractual Provisions 

Alternative Dispute Resolution clauses, also known as ADR clauses, are commonly written into business and commercial contracts. Most people have agreed to arbitrate or mediate whether or not they are aware of having done so. Examples include software and internet service agreements, real estate transactions, phone service agreements, credit card and loan application agreements, etc.

Arbitration provisions in a signed contract require arbitration and disallow litigating in the courts when parties have a dispute arising from the terms and conditions specified in the contract. Parties may also voluntarily submit a matter to arbitration in the absence of an arbitration provision when a dispute arises.

Governing Law and Contracually Specified Arbitration Rules:

Arbitration is a creature of contract.  Contractual provisions may be extremely vague or very specific about governing law (federal or state), rules of procedure, arbitrator appointment process, and identifying which court of jurisdiction for enforcement.  It is critical to have a structure for judicial enforcement; therefore USADR utilizes specific guidelines when parties submit their dispute for arbitration. More about Governing Law, Designation of Rules, USADR Case Administration

USADR Encourages Mediation  

Approximately 85-90% of disputes filed for arbitration resolve before hearing. For this reason, parties are encouraged to participate in mediation.  Upon joint agreement of the parties,  the USADR case administrator provides a list of three (3) proposed mediators from which to indicate a first and second choice. The jointly selected mediator is assigned the case.  The mediation hourly rate applies but there is no additional administrative filing fee for mediation if the parties have already filed for arbitration through USADR.