Step 1: Application and Initial Assessment
Initiation: The process begins when one or more parties involved in a dispute submit an application to SettleADR. This can be done conveniently
online through the SettleADR portal or via other specified channels.
Initial Assessment: Upon receiving the application, the SettleADR team conducts an initial assessment. This assessment aims to determine whether the dispute is suitable for
mediation or arbitration. Factors considered include the nature of the dispute, the parties involved, and the relevant laws and regulations.
Step 2: Selection of Neutrals
Appointment of Neutrals: If the case is deemed suitable for mediation or arbitration, the parties are given the opportunity to choose a neutral from SettleADR's panel of experienced mediators and arbitrators. Parties may agree on a neutral collaboratively. If they cannot reach a consensus, SettleADR has the authority to appoint a neutral on their behalf, ensuring impartiality.
Step 3: Pre-Mediation/Arbitration Preparation
Orientation: Parties and their chosen neutral(s) participate in an orientation session. During this session, they receive an overview
of the dispute resolution process. This includes a discussion of the principles of confidentiality, the process timeline, and a clarification of the roles and responsibilities
of all parties involved.
Submission of Documents: To facilitate a comprehensive understanding of the dispute, parties provide relevant documents and information to the chosen neutral(s).
This step helps the neutral(s) prepare for the upcoming mediation or arbitration proceedings.
Step 4: Mediation/Arbitration Proceedings
Mediation: In a mediation scenario, the chosen neutral acts as a facilitator, guiding the parties through open and constructive discussions.
The mediator's role is to help identify common interests, encourage communication, facilitate negotiations, and assist the parties in crafting mutually acceptable solutions.
The goal is to reach a resolution that satisfies all parties involved.
Arbitration: In arbitration proceedings, the parties present their respective cases, and the arbitrator(s) function as decision-makers. This involves the presentation of evidence,
examination of witnesses, and the presentation of legal arguments. Following the presentation of evidence, the arbitrator(s) render a binding decision, known as an arbitration award.
This award concludes the dispute and is legally enforceable in accordance with applicable laws.
Step 5: Resolution Agreement or Award
Mediation: If the parties in mediation reach a mutually agreeable resolution, a formal settlement agreement is drafted. This agreement outlines
the specific terms and conditions agreed upon by all parties involved and is signed by each party.
Arbitration: In arbitration, the arbitrator(s) issue an award, which serves as a binding and final decision on the dispute. The award is legally enforceable
and brings closure to the dispute.
Step 6: Post-Resolution Follow-Up
Implementation: SettleADR provides support to ensure that the resolution agreement or award is implemented according to the agreed-upon terms. This helps to prevent future disputes related to the same issue.
Step 7: Closure and Feedback
Feedback: After the resolution process is complete, SettleADR encourages parties to provide feedback on their experience. This feedback is valuable for continually improving the quality of services offered by SettleADR.
Step 8: Ongoing Support
SettleADR recognizes that disputes can arise even after a resolution has been reached. To provide ongoing support and assistance:
1. Future Disputes: SettleADR remains a valuable resource for parties who may encounter disputes in the future. We offer a reliable platform for resolving conflicts through mediation or arbitration. Parties can return to SettleADR to initiate a new dispute resolution process whenever necessary.
2. Access to Neutrals: Parties have continued access to SettleADR's panel of experienced neutrals. If they have previously worked with a specific mediator or arbitrator and wish o engage their services again, SettleADR can facilitate that process. Alternatively, if parties prefer a different neutral, they can make a new selection from the panel.
3. Updates on Laws and Regulations: SettleADR keeps parties informed about any changes in relevant laws and regulations that may affect their business or relationships. This helps parties stay proactive in addressing potential conflicts and staying compliant with legal requirements.
4. Conflict Prevention and Mitigation: SettleADR offers guidance on conflict prevention and mitigation strategies. By proactively addressing potential disputes and implementing dispute resolution clauses in contracts and agreements, parties can reduce the likelihood of future conflicts and promote peaceful business relationships.
5. Educational Resources: SettleADR provides educational resources and workshops on conflict resolution techniques and best practices. Parties can access these resources to enhance their conflict management skills and prevent disputes from escalating.
In essence, SettleADR is committed to providing ongoing support to parties, not only to address existing disputes but also to help them navigate and avoid future conflicts effectively. This approach contributes to the long-term success and sustainability of businesses and relationships.