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AAA And Cpr

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Question 1:

There are a variety of factors that can be considered in selecting an arbitration provider. These include cost, selection process of arbitrators, quality of arbitrators signed to the provider, timing for submissions of facts, witness lists and briefs, availability of arbitrators, hearing rooms logistics and cost, processing time, variances between fast track and regular procedure options and, the specific terms of the providers’ construction industry arbitration rules. It should be noted that out of the three primary U.S. arbitration organisations (AAA, JAMS & CPR) the arbitration rules of JAMS and CPR do not specify use of their firm as arbitration administer whilsts AAA’s rules do regulate this.

The cost structure of all three …show more content…

the fees for JAMS include room rental, those of AAA & CPR do not.

The result is that JAMS proves to be cheaper in almost all cases once room rental fees are included. However, these fees are often only a small portion of the final bill to parties. A hefty addition to the fees listed above are the cost of the arbitrator(s).
It is also important to consider that similar to court awards, arbitrators can burden the losing party with the costs of the arbitration.

In regards to submission of paperwork, AAA and CPR do not require facts to be submitted at the time the claim is brought forth but at the preliminary hearing. JAMS on the other hand does require this. In the pursuit of a timely process this may be beneficial if you are the defendant as it forces the plaintiff to be prepared to move straight into a hearing. On the other hand if you are liable to be the claimant you may wish to have the extra time on hand to prepare your documentation after you have instigated a …show more content…

I would have no preference for one over the other. However it is helpful to use the same provider for all the contracts over which the arbitration terms I dictate. Familiarity with the personnel of the provider, arbitrators on roster, process and regulation can be a strength.

Question 2:

It is not important whether you reference mediation and arbitration together or separately as long as the outline of procedure and wording used is precise. Mediation and arbitration are very different processes for dispute resolution. Their structure will vary and an arbitration clause should make specific mention of the variances.

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