Don't Litigate, Arbitrate!
by Barbara Kram, Editor | February 06, 2006
AAA has been
around since 1926
solving thousands
of disputes
around since 1926
solving thousands
of disputes
Sometimes good deals go sour. It's an inevitable part of doing business. But what's your best course of action if you have a complaint against a DOTmed user? Or, what if (gulp!) someone wants to pursue legal action against your business? DOTmed users have the option of using alternative dispute resolution (ADR), a private process that is the alternative to a law suit. The process is administered by the world's most respected experts, the American Arbitration Association (AAA).
DOTmed users are not required to arbitrate (except for DOTmed Certified users). However, DOTmed encourages anyone with a dispute to pursue an impartial, amicable resolution through the AAA, a global, not-for-profit, public service organization that adjudicates final, binding decisions through arbitration and mediation.
"One of the reasons DOTmed uses an arbitration process and AAA is we have been in business for 80 years," said Jennifer Jester Coffman, senior vice president of the American Arbitration Association. "We have established time-tested and court-test rules."
The process begins when a claimant files for arbitration providing the basic complaint and claim amount. In some cases, the two parties jointly file a submission to arbitration.
Both parties foot the bill for arbitration and fees for business cases are on a sliding scale that depends on the size of the case. The fees cover the administration of the case by AAA. The parties (claimant and respondent) also pay the per diem or hourly fee of the arbitrator or mediator. (If the arbitrator awards for one of the parties, there may be a monetary award.)
The complexity of the matter dictates the process as well as costs. For some simple disputes, resolution of commercial or business claims through ADR is fast. Arbitration is often conducted over the phone at a fraction of the cost of litigation. The AAA has Expedited Procedures to help DOTmed Users resolve issues quickly; often in weeks, rather than months. (By contrast, law suits can take years even before appeals kick in.)
"We have online filing, we can even exchange documents and testimony on a secure, password-protected system that you can go in 24/7 and look at all the evidence provided, any exchange of communication with the parties or to the arbitrator," explained Coffman. She noted that business people often prefer telephone hearings, a documents-only hearing, or an in-person hearing.
"You may want an expedited case with a subject matter expert of your choosing to have a final, binding award and get this over with," she said. "If you just want to move on with your business, there might be a reason [to use] our expedited process."
DOTmed users are not required to arbitrate (except for DOTmed Certified users). However, DOTmed encourages anyone with a dispute to pursue an impartial, amicable resolution through the AAA, a global, not-for-profit, public service organization that adjudicates final, binding decisions through arbitration and mediation.
"One of the reasons DOTmed uses an arbitration process and AAA is we have been in business for 80 years," said Jennifer Jester Coffman, senior vice president of the American Arbitration Association. "We have established time-tested and court-test rules."
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Both parties foot the bill for arbitration and fees for business cases are on a sliding scale that depends on the size of the case. The fees cover the administration of the case by AAA. The parties (claimant and respondent) also pay the per diem or hourly fee of the arbitrator or mediator. (If the arbitrator awards for one of the parties, there may be a monetary award.)
The complexity of the matter dictates the process as well as costs. For some simple disputes, resolution of commercial or business claims through ADR is fast. Arbitration is often conducted over the phone at a fraction of the cost of litigation. The AAA has Expedited Procedures to help DOTmed Users resolve issues quickly; often in weeks, rather than months. (By contrast, law suits can take years even before appeals kick in.)
"We have online filing, we can even exchange documents and testimony on a secure, password-protected system that you can go in 24/7 and look at all the evidence provided, any exchange of communication with the parties or to the arbitrator," explained Coffman. She noted that business people often prefer telephone hearings, a documents-only hearing, or an in-person hearing.
"You may want an expedited case with a subject matter expert of your choosing to have a final, binding award and get this over with," she said. "If you just want to move on with your business, there might be a reason [to use] our expedited process."
