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Daniel Kehrer

Guide to Business Arbitration and Mediation

How to dodge litigation lunacy with free-market justice

By Daniel Kehrer, Editor, Business.com & Work.com

The story is all too familiar: A small business owner and a partner (client, customer, investor, etc.) have a business dispute they can't seem to resolve. No one will budge. Threats of legal action, phone calls and letters are exchanged. Everybody is upset, and productivity is suffering under the stress.

Neither side can afford to get bogged down in a lawsuit. So where can you turn for help?

Look into something called "alternative dispute resolution" or ADR, which includes arbitration and mediation. ADR is:

  1. User-friendly (often does not involve attorneys)
  2. Inexpensive (by far, compared to lawsuits and legal fees)
  3. Helping to resolve hundreds of thousands of business disputes yearly.

Action Steps
The best contacts and resources to help you get it done


Mediate business disputes online, right from your desktop

Online mediation services help you resolve disputes from the comfort of your office. Mediate form different cities, states and countries with desktop video conferencing.
I recommend: Cybersettle is a terrific online settlement and dispute resolution firm with patented technology that reduces expenses and speeds up settlements. See how Cybersettle works. MediationFirst offers desktop video-conference mediation. Just secure the willingness of other parties to participate, pay a deposit, register the case and set up the technology. Judicial Arbitration & Mediation Services (JAMS) also offers dispute resolution by videoconferencing.

Take it to the arbitration and mediation leader

The American Arbitration Association is a world leader in business dispute resolution services.
I recommend: AAA (no, NOT the auto folks) is a not-for-profit public service organization that offers business arbitration and mediation services worldwide, helping resolve hundreds of thousands of cases yearly. They provide a forum for hearing disputes via offices nationwide. See how to file a case and a section on Internet domain name disputes.

Dodge litigation lunacy with free market justice

Several great, private arbitration/mediation firms offer services in cities across the country.
I recommend: Judicial Arbitration & Mediation Services (JAMS) offers dispute resolution in many cities nationwide and has experts in a huge number of specialty areas. Great ADR tips and a My JAMS area to submit a case online. Learn the difference between mediation and arbitration. Check JAMS locations. Resolute Systems has offices serving all 50 states in all types of disputes. United States Arbitration & Mediation (USAM) is a private firm with a network of ADR professionals you can hire to help resolve disputes.

Locate conflict resolution organizations in your state or city

There are dozens of state and regional groups that provide mediation services or have members that do so.
I recommend: Mediate.com has a helpful list of conflict resolution organizations. Global Arbitration Mediation Association (GAMA) has free online directories you can use to locate the right type of mediators or other resources for resolving business disputes.

Resolve customer disputes with Better Business Bureau solutions

The Better Business Bureau (BBB) helps resolve business disputes with common sense alternatives to expensive and time-consuming legal actions.
I recommend: BBB Dispute Resolution programs are run through local BBBs, under the direction of the group's national umbrella organization, the Council of Better Business Bureaus. BBB offers several levels of help, from informal dispute settlement advice and services, to more structured mediation and arbitration. BBB Care is designed to help small businesses and their customers resolve problems quickly and inexpensively without involving attorneys.

Tips & Tactics
Helpful advice for making the most of this Guide

  • Mediation is a voluntary process, bringing a neutral third-party into a negotiation as a facilitator. It may or may not lead to an agreement between the parties.
  • Arbitration is a process agreed to by the parties in which, at its conclusion, a neutral third-party will impose a binding agreement on both parties.
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Recommended Solution Providers

Mediation Works: Mediation Training
Offers training in mediation and other dispute resolution.

CPR: Conflict Prevention and Resolution
Provides conflict prevention and resolution services.

LawForum: Mediation Services
Features mediation service providers.

JAMS: Dispute Resolution Services
Provides dispute resolution services.

Hieros Gamos: Alternative Dispute Resolution
Has links to providers of alternative dispute resolution services.

FindLaw: Dispute Resolution Resources
Features links to dispute resolution resources.

Resolve My Dispute: Online Dispute Resolution
Offers online dispute resolution services.

Mediation First
Offers full-service mediation firms nationwide.

Cybersettle
Online settlement company through computerized dispute resolution system and methods.

Best Sites to Learn More

FreeAdvice: Alternative Dispute Resolution
Provides information on alternatives to litigation.

Mediate: Dispute Resolution
Offers information on mediation and other dispute resolution techniques.

Beyond Intractibility: Conflict Resolution
Focuses on conflict resolution.

ADR Resources: Alternative Dispute Resolution
Provides links to dispute resolution resources.

American Arbitration Association: Dispute Resolution Services
Offers dispute resolution information.

National Arbitration Forum: Arbitration and Mediation
Features information on arbitration and mediation.

National Institute for Advanced Conflict Resolution
Provides information on conflict resolution, including mediation and arbitration.

Washburn University: Dispute Resolution Resources
Offers links to dispute resolution resources.

United States Arbitration & Mediation (USA&M)
Specializes in alternative dispute resolution services throughout the United States.

Global Arbitration Mediation Association (GAMA)
E-Directories of alternative dispute resolution (ADR) professionals.

Best Blogs and Forums

Law and Policy Institutions Guide: Arbitration Forum
Learn about arbitration law.

Counsel: Alternative Dispute Resolution Forum
Discuss alternative dispute resolution.

LawGuru: Mediation Law Forum
Get advice on mediation and arbitration.

FreeAdvice: Litigation Forum
Discuss alternatives to litigation.

LawMemo: Arbitration Blog
Provides articles about arbitration issues.

National Arbitration Forum: Blog
Offers articles and information about arbitration.

Mediation News Online: Blog
Blogs about mediation and alternative dispute resolution.

Advocare: Dispute Resolution Blog
Provides articles about mediation and other dispute resolution techniques.

Mediation Mindset: Blog
Offers information and articles on mediation.

Perspectives from a Mediator / Arbitrator: Blog
Features articles about mediation and arbitration.



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