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Question: A former partner and I have a business dispute we can't seem to resolve. Neither of us can afford to get bogged down in a lawsuit. Where can we get help?
Answer: Look into something called "alternative dispute resolution" or ADR. It's user-friendly, inexpensive and helps resolve hundreds of thousands of business disputes yearly.
Here are some top ADR resources for small business.
The Better Business Bureau (BBB) offers help resolving business disputes with common sense alternatives to expensive and time-consuming legal actions. Programs are run through local BBBs, under the direction of the group's national umbrella organization, the Arlington, VA-based Council of Better Business Bureaus. BBB offers several levels of help, from informal dispute settlement advice and services, to more structured mediation and arbitration. The BBB's Dispute Resolution Division Web site at www.dr.bbb.org explains how it all works. One program called BBB Care is designed to help businesses and their customers resolve problems. Drawing on the expertise of over 5,000 arbitrators, mediators and staff, BBB Care offers a chance to quickly address disputes at low cost without attorneys. More than 100 Better Business Bureau offices nationwide offer the program. Bureau staff will work with you and your customer to keep lines of communication open, relay offers, write up settlements and verify performance. Find local BBBs at http://lookup.bbb.org. Go directly to the dispute resolution page at www.dr.bbb.org or visit the main BBB page at www.bbb.org. E-mail: contactdr@cbbb.bbb.org or call (703) 276-0100.
The American Arbitration Association (AAA), based in New York, is a not-for-profit public service organization that offers business arbitration and mediation services worldwide, helping resolve over 200,000 cases yearly. The AAA provides a forum for hearing disputes via 34 offices nationwide, using rules that have broad acceptance and a roster of 8,000 impartial experts to hear and resolve cases. Most disputes still use mediation and arbitration, but even less formal methods called fact-finding, mini-trial and partnering are coming into wider use. AAA also has excellent publications on alternative dispute resolution, plus downloadable ADR forms. Click on ADR Guides at the AAA home page. There's also a special section on Internet domain name disputes. Visit the Web site at www.adr.org; call (800) 778-7879 or (212) 716-5800.
Judicial Arbitration & Mediation Services (JAMS), based in Irvine, CA, offers dispute resolution services in about two dozen cities nationwide and has experts in a huge number of specialty areas. See the Web site for locations. The JAMS Web site also has a helpful section on ADR Tools & Procedures that explains how ADR works. Call (949) 224-1810, visit www.jamsadr.com or e-mail: info@jamsadr.com.
Milwaukee-based Resolute Systems (www.resolutesystems.com) has offices serving all 50 states in all types of civil disputes. Resolute has a network of 1,800 attorneys and former judges who serve as mediators or arbitrators and also has an alliance with Cybersettle (www.cybersettle.com), an online dispute resolution service. Call (800) 776-6060; e-mail: info@resolutesystems.com.
Global Arbitration Mediation Association, Inc. (GAMA) has several free online directories you can use to locate the right type of mediators or other resources for resolving business disputes. Go to GAMA's Arbitration.com directory for a searchable database of arbitrators, forums and organizations. Go to Mediation.com for a searchable database of mediators, forums and organizations. There's helpful advice on how to select an arbitrator and printable forms such as an Agreement to Arbitrate and a Demand for Arbitration. Go to www.gma.com, call (770) 235-7818 or e-mail tkread@gma.com.
United States Arbitration & Mediation (USAM) is a private firm with a network of ADR professionals you can hire to help resolve disputes. USAM offers a full range of services, from arbitration and mediation, to neutral fact-finding, mini-trials and advice on negotiation and conflict management skills. USAM has been in business since 1984. For a list of offices nationwide, visit www.usam.com, call (800) 318-2700 or e-mail info@usam.com.
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