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What is a tri-panel arbitration and how are the arbitrators appointed?

March 4, 2020

Tri-panel arbitrations consist of three arbitrators, rather than one. Usually, each side appoints one arbitrator and a neutral arbitrator is selected for the third arbitrator. In personal injury cases, arbitrators from ADR Systems can only serve as the neutral arbitrator. Arbitrators from ADR Systems cannot serve as party arbitrators.

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Are arbitrators allowed to issue subpoenas?

March 4, 2020

Arbitrators or anyone authorized by law may issue subpoenas. Parties are responsible for the drafting of the subpoena, service and enforcement. To see a template for a subpoena to use in an arbitration, click here.

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Can an arbitration be non-binding?

March 4, 2020

Before an arbitration, parties must agree that the arbitration will be either binding or non-binding. Most arbitrations are binding: the parties agree that after they present their case to the arbitrator, the arbitrator will decide their case and render an award. The arbitrators decision will be final and binding on all parties to the arbitration. […]

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Do mediators want joint opening statements?

March 4, 2020

Your mediator will work with both sides to decide whether there will be opening statements, which is often handled on pre-mediation calls with the mediator. For more information regarding whether to do opening statements, read the article titled “Opening Comments: A Key Strategic Decision In Mediation.”

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Should I share my submission with the other side?

March 4, 2020

Many mediators encourage some form of submission exchange between the parties. Often parties will share some of their submission with the other side and the remaining sections they will keep confidential – “For the Mediator’s Eyes Only.”

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Who should attend a mediation?

March 3, 2020

In most cases, the parties, their counsel, an insurance representative — if it involves an insurance issue — and someone with authority to settle the case.

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I was very impressed with the quality, ability and professionalism of your retired judges.  ADR Systems and its panel of neutrals got it done.

Michael L. Handley, Esq.Trial Attorney IV, Nationwide Trial Division
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