Frequently Asked Questions - ADR Systems

ADR Systems

Frequently Asked Questions

We’ve compiled a list of frequently asked questions about ADR Systems for your convenience. If you have other questions, contact ADR Systems at 312.960.2260 or info@adrsystems.com.

General Questions

How is ADR Systems different from other providers?

In our 30 years as a dispute resolution service, ADR Systems has settled substantially all the cases we’ve mediated, and we offer the most efficient arbitration process available.

Unlike some other dispute resolution providers, our neutrals are not employees and have no financial or managerial stake in the company. This ensures their neutrality.

Personal attention is the hallmark of ADR Systems. Our neutrals, case managers and staff are with you through every step of the dispute resolution process and provide unparalleled service. These staples of ADR Systems are unmatched in the industry. That’s what makes us the best in the business – we give you the attention your case deserves and deliver results. With ADR Systems, It’s Settled. ®

What is the Tax ID Number for ADR Systems?

ADR Systems’ Tax ID Number is 36-3977108.

How do I pay my bill?

You can pay your bill through a variety of methods, including:

  • Mailing a check payable to ADR Systems at 20 North Clark Street, Floor 29, Chicago, IL 60602
  • Using a VISA, Mastercard, Discover or American Express credit card with a 3.0% processing fee at adrsystems.com/payment
  • Using Zelle with this email address: adrsystems20@gmail.com
  • Initiating a wire transfer by emailing ADR Systems at payments@adrsystems.com for instructions
What is the cost of a mediation or arbitration?

This depends on many factors including the selected neutral, complexity of the case, number of parties involved and other variables. Contact your case manager for more information.

What are your technical capabilities?

In addition to secure videoconferencing capabilities provided through Zoom, we provide WI-FI, wireless printing and have large screen projection capabilities.

Does the other side need to agree to use ADR Systems before I submit my case?

No – we can assist with bringing the parties to the table. Our case managers are here to help you even before a session is scheduled. Often parties will discuss their case with a case manager who can suggest the most qualified neutrals to handle the case and possible dispute resolution processes.  Case managers will even contact the other side — if requested — to propose dispute resolution at ADR Systems and answer their questions.

Do you have parking and other transportation information?
Are neutrals willing to travel?

Yes, our neutrals have traveled throughout the United States to conduct mediations.

Personal Injury

How do I submit a case for mediation?

You can submit your case through our website. A case manager will contact you within 24 hours. You may also contact ADR Systems at 312.960.2260 and speak to a case manager.

When can we mediate a personal injury matter?

Mediation is always an option. It can take place before a suit is filed, during the course of litigation or to address disputes that arise after resolution of the matter.

Can I interview potential mediators or arbitrators?

Yes, contact your case manager for assistance.

Who should attend a mediation?

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

Should I share my submission with the other side?

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.”

Can I speak directly with my mediator?

Ex parte communication with your mediator is allowed at any time.

If you would like to speak to your mediator before or after your session, call your case manager.

Do mediators want joint opening statements?

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.”

Can an arbitration be non-binding?

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.

Some arbitrations are non-binding: the parties agree that the arbitrator will not impose a decision and the parties may ask the arbitrator to make recommendations as to what the outcome might be.  Insight gained in a non-binding arbitration may help parties settle their case sooner rather than later.

How do I file a demand for arbitration?

For a personal injury case, call a case manager.

Can I choose the rules to use for a personal injury arbitration?

The rules that govern personal injury arbitration at ADR Systems are contained in the parties’ agreement to arbitrate. Click here for a sample arbitration agreement.

Who should attend an arbitration?

The parties, their counsel, and if appropriate, witnesses and experts should attend the arbitration.

Can a narrative be submitted as evidence in an arbitration?

Narratives or statements of position are not admissible unless agreed to by the parties.

Does ADR Systems have specific rules for Health Care arbitrations?

Yes, click here to request a copy of the Health Care Arbitration Rules for personal injury cases.

How do I file a demand for arbitration if I am using the Health Care Arbitration Rules?

For a personal injury case, the demand form and instructions are available from your case manager.

For arbitrations, how do I send a motion or objection?

Contact your case manager to receive instructions.

Are arbitrators allowed to issue subpoenas?

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.

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

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.

In a tri-panel arbitration, who is responsible for sending the pre-hearing briefs to the arbitrators?

Parties must follow the procedural rules. Parties should send submissions for the arbitrator to their case manager who will forward them to the neutral arbitrator.

Commercial

How do I submit a case for mediation?

You can submit your case through our website adrsystems.com  and you will be contacted within 24 hours by a case manager. You may also contact ADR Systems at 312.960.2260 and speak to a case manager.

When can we mediate a commercial matter?

Mediation is always an option. It can take place before a suit is filed, during the course of litigation or to address disputes that arise after resolution of the matter.

Can I interview a potential mediator or arbitrator?

Yes, contact your case manager for assistance.

Who should attend a mediation?

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

Will there be a pre-mediation conference call with the mediator and the other side?

In commercial cases, you will have a pre-mediation conference call with the mediator and the other side.

What will be discussed in a pre-mediation conference call?

During a pre-mediation conference call, the following will likely be discussed: the nature of the dispute and the status of any pending litigation; the names of those who will be attending the mediation on both sides; whether a joint opening session would be productive; and the content of the pre-mediation submissions and whether they will be exchanged.

What should I include in my mediation submission?

Your mediator may give you specific instructions regarding the content or length of your submission. To find a checklist of what to include in a submission, read the article titled “Writing an Effective Mediation Submission.”

Should I share my submission with the other side?

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.”

Can I speak directly with my mediator?

Ex parte communication with your mediator is allowed at any time. If you would like to speak to your mediator before or after your session, call your case manager.

How do I file a demand for arbitration?

For a commercial case, the demand form and instructions are available on the website by clicking here, or you may call a case manager.

Can I choose the rules to use for a commercial arbitration?

Parties in a commercial case may agree to use our Commercial Arbitration Rules. Parties may also agree to use arbitration rules from another provider and ADR Systems can still administer the arbitration. Parties can agree to customize the arbitration rules and work through this process with their case manager.

Do you have a fast track commercial arbitration option?

For a commercial case, arbitrations can be accelerated and completed in 60 days. View our Accelerated Commercial Arbitration Rules.

Who should attend an arbitration?

The parties, their counsel, and if appropriate, witnesses and experts should attend the arbitration.

Can an arbitration be non-binding?

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.

Some arbitrations are non-binding: the parties agree that the arbitrator will not impose a decision and the parties may ask the arbitrator to make recommendations as to what the outcome might be.  Insight gained in a non-binding arbitration may help parties settle their case sooner rather than later.

For arbitrations, how do I send a motion or objection?

Contact your case manager to receive instructions.

Are arbitrators allowed to issue subpoenas?

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.

Can a narrative be submitted as evidence in an arbitration?

Narratives or statements of position are not admissible unless agreed to by the parties.

How is an arbitrator appointed in a commercial case?

The parties may agree on an arbitrator. If the parties cannot agree, ADR Systems will appoint an arbitrator following the procedure in the arbitration rules which have been agreed to by the parties.

What will be discussed in a pre-arbitration conference call in a commercial case?

During the pre-mediation conference call, the following considerations will likely be discussed: when claims, counter claims, responses and statements of uncontested facts are due; when and where the hearing will take place; timing and parameters regarding discovery, witnesses and experts; how expert and other testimony will be presented; the timing of pre-hearing briefs; allocations of attorney fees and costs; the form of the award; and other items.

Family Law

How do I submit a case for mediation?

You can submit your case through our website adrsystems.com. A case manager will contact you within 24 hours. You may also contact ADR Systems at 312.960.2260 and speak to a case manager.

When can we mediate a family law matter?

Mediation is always an option. It can take place before a petition is filed, during the course of litigation or to address post-decree disputes.

Can I interview potential mediators or arbitrators?

Yes, contact your case manager for assistance.

How long does a family law mediation take?

Time frames vary. Contact your case manager for assistance.

Will there be a pre-mediation conference call with the mediator and the other side?

In family law cases, you will have a pre-mediation conference call with the mediator and the other side.

What will be discussed in a pre-mediation conference call?

During the pre-mediation conference call, the following considerations will likely be discussed: the nature of the dispute and the status of any pending litigation; the names of those who will be attending the mediation from both sides; whether a joint opening session would be productive; and the content of the pre-mediation submissions and whether they will be exchanged.

Can I speak directly with my mediator?

Ex parte communication with your mediator is allowed at any time. If you would like to speak to your mediator before or after your session, call your case manager.

What do I need to bring or send to the mediator?

Contact your case manager for assistance.

What is the Family Law Fast Track Mediation Program?

Parties can quickly mediate pressing issues for a reasonable flat fee. For more information, click here.

Can I use arbitration in a family law matter?

Yes, contact your case manager for assistance.

Can an arbitration be non-binding?

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.

Some arbitrations are non-binding: the parties agree that the arbitrator will not impose a decision and the parties may ask the arbitrator to make recommendations as to what the outcome might be.  Insight gained in a non-binding arbitration may help parties settle their case sooner rather than later.

For arbitrations, how do I send a motion or objection?

Contact your case manager to receive instructions.

Are arbitrators allowed to issue subpoenas?

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.

Remote Dispute Resolution

Does ADR Systems offer remote dispute resolution services in lieu of in-person mediations and arbitrations?

While we recommend that mediations and arbitrations be conducted in person whenever possible, we do offer alternative dispute resolution (ADR) services via teleconference and proven videoconferencing software providers like Zoom. Contact your case manager for additional information.

What precautions does ADR Systems take to ensure remote mediations and arbitrations on Zoom are secure and private?

Parties in a mediation or arbitration via a Zoom videoconference will wait in a waiting room until admitted to the videoconference by the neutral who hosts the videoconference.

ADR Systems also only allows the host of a Zoom videoconference to share their screen with the videoconference’s participants. None of the participants in the videoconference can use this function without the permission of the host, preventing parties from being exposed to content not permitted by the host.

Many compromised videoconferences reported in the news have been public videoconferences (with the link shared on social media), not private ones. Our Zoom videoconferences are not public and never have been. Only the parties, the host and ADR Systems’ staff have access to the meeting link.

Additionally, Zoom updated its platform in early April 2020 with a new security icon on its toolbar, accessible only to the host of a Zoom videoconference. This allows the host to regulate and maintain the waiting room and screen sharing features for all of the videoconference’s participants, and it allows the host to lock the meeting and remove participants if necessary. Contact your case manager for additional information about remote mediations and arbitrations.

Which videoconferencing tool is right for my case?

Each of the remote options we offer have helped our clients settle their disputes. Your case manager will assist you in selecting the best option for your case.  You will not be charged any addition fee when choosing to do your mediation or arbitration remotely.

Zoom is the most commonly used remote option among our clients. It is an online videoconferencing tool with a highly intuitive interface compatible with most internet browsers, and attorneys can download the Zoom application onto their laptop, tablet or smart phone in a matter of minutes. No training or prior experience with Zoom is needed for an attorney to participate in a remote mediation or arbitration. An ADR Systems’ staff member will generate a private link for your session and will share it with the attorneys on the case via email. The attorneys can then share the link with their clients if they wish.

When Zoom usage proliferated at the start of the COVID-19 pandemic, news outlets reported instances of “Zoombombing” whereby uninvited participants invaded Zoom videoconferences and displayed offensive content. Zoom has since enhanced its security measures, and ADR Systems has optimized its accounts’ security settings to protect the privacy of our clients. Read more about this here.

Some parties may choose a telephonic remote option. Our neutrals have also had success in resolving matters by phone. Contact your case manager for additional information.

How should I prepare for a remote session with ADR Systems?

Little about the mediation or arbitration process changes when a session is conducted via remote options instead of in person; our case managers, administrative staff and neutrals work with you and your client in much the same way. That being said, attorneys should follow a short checklist to confirm they and their clients are ready for a remote mediation or arbitration. Provided below are resources and articles you can reference to help you prepare for your remote mediation or arbitration at ADR Systems:

Resource: Your Technology Guide to Remote ADR Sessions

Article: Are You Prepare for Remote Dispute Resolution?

Article: Three Questions to Ask Before a Remote Mediation

What do I do if I cannot hear or see anyone once I’m on the videoconference?

If parties experience audio/visual issues when they access an ADR Systems Zoom videoconference, their neutral or an ADR Systems staff person will be on hand to help them troubleshoot the issue. For more information, see section three, Troubleshoot Technology Issues, of our free client resource, Your Technology Guide to Remote ADR Sessions.

Do I or my clients need prior training on Zoom to use it for a mediation or arbitration?

You do not need prior training on Zoom or other videoconferencing tools to participate in a remote mediation or arbitration. ADR Systems offers complimentary demos to those who are interested. Contact your case manager for more information. To learn more about how you can prepare for a remote session, download our free client resource, Your Technology Guide to Remote ADR Sessions.

My mediation at ADR Systems proved to be extremely successful, thanks to the professionalism of our mediator.  Judge Kelley adeptly settled a very complex case involving serious injuries.  His patience, knowledge of the case, and considerate treatment of the parties involved all contributed to reaching a settlement that both sides found acceptable.  Kudos to Judge Kelley and ADR Systems for an experience I hope soon to repeat.

Thomas P Cernek, Esq.Law Offices of Thomas P. Cernek & Associates
CALL ADR SYSTEMS