•  Commercial Disputes
•  Government Disputes

The Arbitration Services Division of ACCORD Mediation Services provides arbitration services for commercial disputes and government agencies for matters involving contract disputes, insurance claims, agricultural and environmental issues, commercial and state property disputes, and employment concerns.

In this highly competitive environment, insurance companies are facing incredible pressure to keep premium rates down. Consumers and businesses expect reasonable rates and to have their claims processed quickly. For both sides costs rapidly escalate when issues arise over claims and counter-claims. Delays and costs of a legal battle can easily get out of hand.

At ACCORD, we are prepared to respond immediately when claims adjusters and clients are motivated to negotiate a settlement. Whether through mediation or arbitration, our services are local, convenient and affordable when compared to the alternative of a costly legal battle.

ENVIRONMENTAL

There is increasing sensitivity about the correlation between environmental pollution and the quality of human health. We learn about the growing number of existing and pending legislation that hold corporations accountable for the disposal and handling of toxic waste. We experience growing concern by communities and local governments about environment, land-use, zoning, toxic waste clean up, and agricultural issues. Costs associated with cleaning a land site are enormous. In the end, everyone pays a considerable price.

An alternative to costly and lengthy litigation, environmental mediation is an effective means of facilitating group discussions and debates about options and discovering what is in the best interest of those who are affected by this contemporary issue.

Whether arbitration or mediation, these alternatives provide expeditious and confidential processes for those interested in negotiating settlements that are not usually released to the general public. In addition, our professional network includes experts and consultants who can provide guidance and support during the resolution process.

CONTRACT BREACH, COMMERCIAL PROPERTY DAMAGE or REAL ESTATE MATTERS

More federal, state and local government agencies are embracing alternative dispute resolution (ADR) as the preferred method of conflict resolution over costly litigation. This is evident in their grievance policies and procedures manuals, as well as contractual agreements with vendors. Contractual agreements that include ADR clauses stipulating either arbitration or mediation as the means to resolve contract disputes out-of-court, or misinterpretations of contractual terms, are very common.

LABOR NEGOTIATIONS

When disputes arise during union contract negotiations over pay raises, health insurance benefits and retirement plans, costs associated with the dispute are enormous, both to the employer and to the employees (and the families they support). Timeliness is essential; arbitration or mediation addresses this need. ACCORD is prepared to respond immediately when unresolved disputes mean lost wages, lost revenues, lost productivity.

EMPLOYMENT CONTRACTS

Generally, employment contracts are created to protect the interests of the employer. The employee agrees to the terms and then signs the contract. In many instances, employees do not have lawyers review the contract on their behalf. Later, when performance issues arise, or when there are allegations of a breach and employment termination is apparent, disputes about interpretation of the contract terms are quite common. Disputes about intellectual property, sales territories, ownership of client database are typical.

The Benefits of Arbitration Services

     •  Disputants are given their "day in court" since they can present their own case without time restraints
     •  Hearings are scheduled within days
     •  Awards are issued in less than 30 days
     •  The arbitrator is an experienced, objective professional with expertise in particular subject matters

* Binding arbitration hearings, which are private and closed to the public, can be scheduled within days; the arbitrator issues the award within 30 days.

The Arbitration Process

     •  When an inquiry is made by a referring professional or by self-referring parties, an orientation packet is mailed to the          claimant (the party initiating the claim) and to the respondent (the party responding to the claim).

1. The process then begins:

     •  Matter submitted to Arbitration
     •  Each party signs an Agreement to Arbitrate and other forms
     •  Fees are remitted
     •  The issue(s) to be arbitrated are established

2.  Arbitrator is selected

     •  Parties agree to hearing guidelines

3.  Parties prepare to present their case

     •  Evidence is collected, including receipts, photos, testimonials
     •  Witnesses are arranged (if applicable)
     •  Subpoenas are issued (if applicable)

4.  Hearing is promptly scheduled

 
     •  Equipment is arranged
     •  Location and time is determined

5.  Arbitrator conducts the Hearing

     •  Parties are sworn in
     •  Parties make opening statement
     •  Parties present their argument
     •  Parties make closing statement

6.  Arbitrator prepares decision

     •  Award is issued within 30 days
     •  Award can be converted to judgment