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ADR Services


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Mediation: When Negotiations Breakdown

An independent, neutral, third-party mediator can be effective when negotiations breakdown or the parties find themselves at an impasse.  A PREMi professional works with the parties to brainstorm and find commonalities that then function as the basis for resolution of the dispute.  We help by:

• Assisting parties to see issues and facts in common and to define outstanding issues
• Using a variety of techniques to overcome the parties’ impasse
• Meeting separately with the parties and conducting confidential discussions

 

Arbitration: A Streamlined Process to Reach a Decision

PREMi can customize an arbitration process to your unique case.  We are innate problem solvers a full range of subject matter expertise, able to focus on the issues and facts in the case and determine the right process.  Arbitration offers a number of benefits depending on the nature and complexity of the case:

• Arbitration can be structured to minimize administrative costs
• The selection of the arbitrator (or panel of arbitrators) can be accomplished easily with limited resources
• The extent of necessary proofs can be reduced or minimized to avoid arbitration time and preparation
• Attorneys can determine their own rules of evidence and procedure, or develop a hybrid version from existing administrative agencies’ rules
• Attorneys also can establish their own discovery schedule, number of witnesses and how they wish to present witness testimony

 

Med-Arb: An Adaptation to Conventional Arbitration

Med-Arb is a combination of both resolution processes – Mediation and Arbitration.  The parties agree in advance that they will first try to resolve the matter by mediation, and if they are not successful in resolving the dispute, then a PREMi Professional will make a binding decision through arbitration.

During the informal mediation portion of the process, the mediator uses a variety of techniques to resolve the matter, one of which may be to use private conferences with each party, called a caucus.  If mediation does produce a resolution, the mediator may issue an advisory opinion, which assists parties in identifying and clarifying issues.

The parties are now free to arbitrate the matter, and may wish to set up their own rules for handling rules of evidence and cross-examination of witnesses.  The parties have full control over designing an arbitration process that meets their needs, and if they desire, a PREMI Mediator may serve as an arbitrator in the same matter with their express written consent.

 

In addition to these services, PREMi professionals also help parties navigate the resolution process by means of Early Neutral Evaluation and by serving as Hearing Officers.

We invite you to learn more about our experience and successes in our Case Studies library, or you can contact William Weber, PREMi’s Executive Director, to discuss your particular dispute resolution needs.