• What
  Mediation is a non-binding attempt to resolve or narrow a dispute with the assistance of an ADR Options mediator. These mediations can be scheduled quickly and in the vast majority of mediations, the dispute is resolved. Mediation discussions are privileged. 48 Pa.C.S.A §5949.
• When
  A mediation should be scheduled when the parties agree. The process of investigating and evaluating a claim usually should be completed prior to a mediation.
• Who
  The mediation should be attended by the parties to the dispute. An attorney is not required at a mediation. However, the parties are usually represented by counsel. The persons attending the mediation should have settlement authority or be able to contact a person with settlement authority.
• How
  Prior to the conference, each party should prepare a mediation memorandum stating the facts that give rise to liability and a statement of the damages. All pertinent backup materials should be attached and legible. These materials should be presented to the mediator and all involved parties 7 business days before the mediation. This will help the mediator conduct a more efficient mediation by becoming familiar with the facts and the law prior to the mediation.
  
  The mediator may begin the proceeding by discussing the process and the mediator’s role in the process. The mediator may also ask questions based on his review of the mediation memoranda. The parties are given an opportunity to clarify and augment their mediation memoranda. Next, the mediator will privately meet with each side to discuss a possible solution to the dispute.
  
  The mediator will discuss the case’s strengths and weaknesses privately with each side. The mediator will only relay information to opposing parties with the approval of the party offering the information. After all settlement discussions have been conducted, and if agreed to and strongly requested by all of the parties, the mediator may make a recommendation for settlement. In general, we dissuade our mediators from prematurely putting settlement values on cases, and only doing so if all parties agree a value assessment will aid settlement.

HIGH-LOW ARBITRATION

• What
  In general, we highly recommend this form of arbitration. See the ADR Options Rules of Procedure. This is a form of arbitration where the parties agree beforehand to limit the award to a pre-set maximum and minimum. These limits allow both plaintiff and defendant to limit their risk as it pertains to the award.
• When
  High-low arbitration is most appropriate where the parties want to limit their risk. Arbitrations may also be held to determine strictly the liability in the case and in some cases the arbitration can be bifurcated.
• Who
  The binding nature of an arbitration makes it advisable to use counsel when evidence is presented.
• How
  The parties themselves determine the high-low parameters. ADR Options will assist if requested. The parameters are not known by the arbitrator. They are kept confidential by the parties, or are recorded and maintained in a sealed envelope at our offices until the decision is rendered.
  
  If the award is above the high parameter, the claimant receives the high amount. If the award is below the low parameter, the claimant receives the low amount. If the award is between the high and low parameters, the claimant receives the actual award decided by the arbitrator.
  
  Example
  High parameter $25,000
  Low parameter $15,000
  If the award is $40,000, the claimant receives $25,000
  If the award is $10,000, the claimant receives $15,000
  If the award is $20,000, the claimant receives $20,000
  
  The arbitration is conducted in the same fashion as a non-jury trial in the public courts. The arbitrator will explain the process. Opening statements are then made, followed by each side presenting its case and the arbitration concludes with each side’s closing argument.

UNBOUNDED ARBITRATION
An arbitration is a binding hearing that is very similar to a non-jury trial in the public courts. The ADR Options Rules of Procedure and the relevant federal or state laws govern the procedural and substantive elements of an arbitration. These rules may be changed with the agreement of all parties. We highly recommend the high-low arbitration format discussed earlier when using arbitration. An unbounded arbitration places NO limits on the arbitrator.

“BASEBALL” ARBITRATION
Each side makes their final offer and demand. The case is then argued based on ADR Options Rules of Procedure. The arbitrator then chooses either the demand or offer without modification. This process is intended to discourage extreme positions in a case.

UNINSURED MOTORIST (UM) & UNDERINSURED MOTORIST (UIM) ARBITRATION
These arbitrations are governed by the terms of the insurance policy and the law of the appropriate jurisdiction. The arbitration may be conducted by either one arbitrator or a panel of three arbitrators. See ADR Options Rules of Procedure for a more detailed description of our UM/UIM arbitration service.

MOCK JURY TRIAL / JURY TRIAL
Please go to the Mock Trials page.

PROCEEDINGS BY MAIL
Parties may submit memoranda containing the facts, their legal theories and their documentary evidence to a neutral. The neutral provides either a binding or non-binding decision within the timeframe requested by the parties. The written agreement of the parties is necessary for the decision to be binding.

CASE EVALUATION SERVICE
An ADR Options judge or attorney will review your case and discuss their findings and recommendations, if requested. They may also help you prepare for trial or arbitration.

CONSULTING SERVICES
We will provide consulting services to help implement an effective ADR program. Some of the topics include deciding which cases are appropriate, when they are appropriate and matching the suitable ADR process to the claim.