This document is useful when paired with the Introductory Guide to AAA Arbitration and Mediation. It provides thoughtful and helpful responses to some of the most frequently asked questions concerning AAA mediations and arbitrations.

This guide is a useful primer on arbitration and mediation for consumers, business people and attorneys who are new to alternative dispute resolution. It also provides step-by-step instructions on the case-filing process with the American Arbitration Association.

Mediation provides parties with a means to arrive at a negotiated settlement of their dispute. With mediation, parties have the opportunity to be creative in identifying and exploring options for early resolution.

This booklet covers the use of arbitration and mediation in resolving the inevitable disputes that arise in the course of day-to-day business operations. It provides information on the steps involved in the two processes and the different ways in which the AAA plays a role in administering these cases.

Typically, parties' agreement to arbitrate is contained in a future-disputes clause in the contract governing their relationship; the clause may provide that any disagreements will be resolved under the mediation or arbitration Rules of the American Arbitration Association. This booklet contains checklists of the important elements contract drafters should consider in developing dispute resolution clauses in agreements. This helpful guide also provides sample clauses for consideration, covering disputes that range from construction to employment and international to intellectual property, among others.

This article from the AAA's Dispute Resolution Journal outlines not only the common mistakes made in the drafting of dispute resolution clauses but also presents a framework for developing optimal and effective arbitration clauses.

This guide discusses the approaches to conflict management and dispute resolution that are part of the suite of Resolution Services options available from the AAA. Resolution Services include an array of early-resolution options such as Mini-Trials and Fact-Finding, access to expert neutrals and specialized case administration personnel who are available to discuss early-resolution procedural options with parties and assist with neutral selection.

This guide provides information on the AAA's framework for handling complex disputes with claim amounts that range from as low as $500,000 to as high as $3 billion, and includes information about the AAA's specific procedures and its 900-member panel of expert neutrals experienced with disputes of this size. Helpful tips on the use of ADR in high dollar-amount cases are included for senior corporate executives, general counsel, litigation managers, corporate legal staff and outside counsel.

AAA Early Neutral Evaluation (ENE) is best used where the parties are far apart in their views on how the law applies to their case. An evaluation of the dispute by an AAA neutral can point the way to more expeditious resolution, including a negotiated settlement.

This guide to the AAA's Enhanced Neutral Selection Process (ENSP) provides parties utilizing the Procedures for Large, Complex Cases (LCC) with information on the special screening and selection methods and options available to parties on cases with claim amounts in excess of $500,000. The document also covers many of the service's benefits, including the greater control and flexibility parties have in selecting the most appropriate neutrals for their cases.

AAA Mini-Trial provides company executives with more detailed information about the matters in a dispute. Mini-Trials enable company executives to preview presentations of their own cases, as well as assess the strength of the opposing parties' positions in a case. Presentations are made to an AAA neutral, a panel chair and company executives involved in the case. Mini-Trials are particularly effective with matters of a highly technical or complex nature. 
 

When clients are faced with conflicting evidence in a case, which might require extensive information exchange or discovery, AAA Fact-Finding can help. With Fact-Finding, parties get a truly neutral investigation of and written report on the issue at hand. This information can lead to more expeditious settlement or focused information exchange or discovery. Fact-Finding investigations are conducted by experienced AAA neutrals with the skills and experience to deal with difficult issues of fact.

The Code of Ethics for Arbitrators in Commercial Disputes was originally prepared in 1977 by a joint committee consisting of a special committee of the American Arbitration Association and a special committee of the American Bar Association. The Code was revised in 2003 by an ABA Task Force and special committee of the AAA.

The global cost of civil litigation is soaring -- and businesses of all sizes are opting for a wider palette of strategic dispute resolution strategies according to a new study sponsored by the American Arbitration Association (AAA). This empirical study in the little-researched area of ADR, entitled "Dispute-WiseSM Business Management: Improving Economic and Non-Economic Outcomes in Managing Business Conflicts" investigates the practices, attitudes, and experiences of a broad sampling of corporate legal departments from Fortune 1000 companies, mid-size public companies, and privately-held businesses in their use of non-judicial dispute resolution.

The Dispute-Wise® Business Management study shows the links between alternative dispute resolution (ADR) and positive corporate outcomes. The study also shows that a company may enjoy greater benefits by taking a strategic, multi-faceted approach to managing existing and future disputes as opposed to defaulting to litigation on each case. See also the Research Report or take our self-assessment survey.

How Dispute Wise is YOUR COMPANY?

This questionnaire is an abridged version of the survey completed by companies who participated in the Dispute-Wise study. This survey will measure your company's dispute-wise level and is applicable only if you indicated that your business is a Fortune 1000, mid-size public, or privately held company. The results for your company, based on the data you submit, will be compared with dispute-wise levels for like companies who participated in the complete study.

Documents in the possession or under the control of non-parties are sometimes vital to an arbitration.

For this reason, the ability to subpoena those documents is crucial. While subpoenas used in litigation are enforceable nationwide, that is not the case for arbitral subpoenas issued in arbitration proceedings in the United States. Because of limitations in the Federal Arbitration Act (FAA), parties may find it difficult to enforce arbitral subpoenas against non-parties who reside outside the state where the arbitration is being held. This article discusses these subpoena issues and how courts have dealt with them.

Today more than ever, companies recognize the need to resolve disputes faster and contain costs while facilitating better outcomes. That’s why many are turning to settlement. And to the American Arbitration Association’s® (AAA) Non-Binding Dispute Resolution Services – a suite of settlement options that offers smart, effective solutions.

Since 1990, AAA Corporate Bankruptcy ADR claims-resolution programs have been customized and implemented for reorganizing companies involved in a variety of industries. The type of claims resolved run the gamut from product liability to repayment of refunds due to termination of employment, and the processes utilized cover the spectrum from mediation, early neutral evaluation to non-binding and standard binding arbitration.

With AAA WebFile, users have access to convenient, online tools that help parties to efficiently manage their cases in conjunction with the AAA’s case management staff.