FREQUENTLY ASKED QUESTIONS
Q. What is ADR, (Alternative Dispute Resolution)?
A. ADR is dispute resolution process by means of negotiations, mediation or arbitration. The ADR process is an alternate process to the traditional means of a judge or jury making decisions regarding the outcome and ultimate judgments on disputes.
Q. How many disputes reach a resolution?
A. 100%. All disputes eventually reach a resolution. ADR Processes with the right NEUTRAL simply make a resolution more efficient by making them occur more quickly.
Q. What is a
A. A neutral is an individual or panel of individuals that are not advocates for any particular party.
Q. What is the difference between mediation and arbitration?
A. The differences are many. The most significant is that mediation is usually a voluntary process that is binding as a contract if an agreement is reached. Arbitrations are similar to a judge or non-jury trial and pursuant to a pre-dispute contract that makes the arbitration binding.
Q. Why mediate a dispute?
A. The most common reasons to mediate are:
1. Saves time;
2. Save money;
4. Confidentiality, and;
Q. What is a POSITION in ADR?
A. It is a WISH LIST. A POSITION is an anchor or the starting point. It is what a PARTY wants.
Q. What are INTERESTS in ADR?
A. It is a NEEDS LIST. INTERESTS are what you need to obtain as a result and at the conclusion of the ADR process.
Q. What is ZONE OF POSSIBLE AGREEMENT in ADR?
A. The area between the positions of the parties. In that zone is where the interests of the parties align allowing efficient resolution.
Q. How much does it cost?
A. This depends on how you desire we be involved. The initial inquiry is without charge. Also, there is no charge until we determine that we may provide a service that is most likely to provide a useful service for you.
Q. How long does it take?
A. We can provide an evaluation for you within 48 hours. A mediation or arbitration may be initiated within hours of our evaluation findings and your decision to proceed.
Q. Who may attend?
A. The fewer the better so long as there is an individual associated with each party and that individual has the authority to make or accept an offer from opposing parties and advocates. Attendees commonly are parties, representatives, advocates, and adjusters. Experts usually appear via a report or deposition. Friends and family members attending simply for support should not attend. Issues of confidentiality may arise.
Q. What type of disputes are suitable for mediation?
A. Any dispute is suitable for mediation. The question is: will mediation settle the dispute? Our process and approach determine if a settlement is even reasonably possible before you or your client begin spending money on a full mediation process.
Q. How do I schedule a mediation?
A. Simply e-mail us at [email protected] or phone (866) 747-1747. We will take it from there.
Q. Where does the mediation take place?
A. Any place the parties are able to agree. We utilize commercial facilities, usually hotels, to accomplish neutrality, accommodate various numbers of parties and varying numbers present for each party, traveling parties, and representatives, parking accommodations and food and beverage services.
Q. Why use Magee ADR International?
A. Simple, we settle disputes. We settle disputes because we know what we are doing, we understand the ADR Processes, subject matters and how to deal with personality issues of parties and advocates.
Q. What do you do to prepare for a mediation?
A. A minimum amount of preparation as a party or advocate is essential. Preparation of the Negotiation Planning Instrument is usually sufficient. (This link to the NPI is found on our FORMS page.) We are very conscious of the fees and cost related to all phases of a mediation.
Q. Does the mediator share in any settlement proceeds?
A. Not at Magee ADR International. While others do, Magee ADR does not permit this type of compensation. The simple reason is that doing so destroys credibility by destroying neutrality.