Administration of Mediation | Arbitration

Rule S-1. Administrative Services

When parties agree to mediate or arbitrate utilizing these rules, they thereby authorize USADR or its authorized state affiliate to administer the arbitration. Case managers administer many important aspects of the dispute, providing a format that protects arbitrators and parties from ex parte communications by:

•     Receiving the initial submission agreement and responses from the parties
•     Facilitating timely exchange of communication between the parties and arbitrator
•     Addressing procedural questions and concerns throughout the tenure of the case
•     Managing the arbitrator selection process or appointment
•     Administering the required arbitrator oath and disclosures for disbursement to the parties
•     Assisting in vacancies created by the arbitrator’s unwillingness or inability to serve
•     Scheduling teleconferences, physical hearings and facilities
•     Managing timeliness of fees and hearing deposits
•     Delivering award to the parties and/or legal counsel
•     Retaining documentation submitted directly to USADR for one (1) year after the closing of arbitration

Rule S-2. Agreement of the Parties

The parties may elect to use USADR rules by any of the following:

• Inclusion of an arbitration provision in their written contract that specifies USADR rules
• Submission of a dispute to USADR when a dispute arises out of a contract that is silent on which arbitration rules to use
• Voluntary submission by the parties as an alternative to submitting their dispute to the judicial system

The rules in place at the time of the initial submission agreement shall govern. The parties may vary the procedures set forth in these rules by joint agreement. After appointment of the arbitrator, such modifications may be made only with the consent of the arbitrator.

Rule S-3. Limitation of Liability

USADR, its agents and any arbitrator or mediator assigned to a matter shall not be liable for any act or omission in connection with a case administered pursuant to these rules.

Rule S-4. Non-use of Legal Proceedings

No party shall, during the arbitration of any matter, prosecute or commence any suit, action, or proceeding against any other party touching upon any of the matters referred to pursuant to these rules.

Rule S-5. Fees

USADR demonstrates fairness and neutrality to the parties beginning with the administrative fees. While other well-known national forums require the entire administrative costs be paid initially by the claimant, putting additional financial stress on the party initiating resolution, USADR's lower administrative fees are evenly divided between the claimant and respondent.

The Fee Schedule appears in a supplement to these rules. The Fee Agreement Terms and Conditions are incorporated into the fee schedule upon filing the submission agreement or response with USADR.

If fees have not been paid in full according to the Fee Agreement Terms and Conditions, USADR may inform the parties in order that one of them may advance the required payment. If such payments are not made, the case may be suspended or terminated.

An additional filing fee shall not be charged by USADR if parties to a USADR-administered arbitration request mediation in an effort to settle the matter prior to hearing.