Alternative Dispute Resolution Services (“ADR”)
CADRS staff are trained to serve as third party neutrals for a wide variety of ADR processes, in order to help resolve disputes without the expense, delays and uncertainty surrounding litigation. These include:
- Mediation
- Early Neutral Evaluation
- Mini-trials
- Fact finding
- Facilitation
- Arbitration
The most frequent ADR service requested is mediation. Mediation is a process in which an impartial third party neutral (the “mediator”) assists disputants in finding a mutually acceptable solution to their conflict. It is both voluntary and confidential. Trained mediators and experienced attorneys provide confidential mediation services to parties in formal proceedings. These services may be provided before or after commencement of litigation. Mediation has a number of advantages over litigation. Mediation typically is quicker and less costly. The parties can eliminate the uncertainty of an adjudicative decision and control the outcome of the litigation, by reaching an outcome agreed to by all parties.
A form of arbitration is provided for claims less than $50,000. CADRS staff serve as Settlement Officers and may award reparations for actual injury resulting from violations of the Shipping Act of 1984. The parties must agree to the Informal Procedure for the Adjudication of Small Claims (46 CFR §§ 503.301-502.305). This procedure is analogous to a small claims court proceeding, and can be less costly than formal proceedings.
Why request ADR services from the Commission?
ADR has several advantages. The various processes provide:
- Impartiality through use of an independent, neutral third party.
- Convenience, as ADR can be used whenever a dispute arises.
- Confidentiality, as third party neutrals are bound by confidentiality provision
- Efficiency, as ADR typically is less costly and time consuming than traditional means of resolving a conflict.
- Choice, as the parties design and retain control over the process and the outcome.
Through utilizing the Commission’s ADR services, parties may resolve their disputes in a quicker, less costly manner. These processes are less formal, less adversarial, and can lead to creative, practical solutions. Also, parties are better able to control the outcome and avoid the unpredictability of an adjudicative decision. Parties are generally more satisfied with a resolution through mediation and other forms of assisted negotiation, and there is little to lose. If mediation does not result in a resolution, the parties still are able to litigate.
To discuss the possibility of using the Commission’s ADR services, please contact the Director, CADRS at (202) 523-5807.