So, how do you go about arranging for a mediation or arbitration?  There are three principal ways. 
           
First, if your dispute arises out of a contract, the contract may have a mediation and/or arbitration clause in it, compelling the parties to use these mechanisms to resolve their differences.  Standard form contracts for architectural services have such clauses.  So do  agreements between investors and their stockbrokers.  As do some consumer contracts.
           
These contracts may designate a set of rules for the conduct of any mediation or arbitration, such as those of the American Arbitration Association or National Association of Securities Dealers.  If not, or if the parties later realize that it may be simpler, faster and less expensive to use Limacs’ services, disputes under such contracts can be mediated and/or arbitrated here.  The mediations or arbitrations are private, meaning that the parties themselves must bear the costs.   

Second, even if your dispute does not arise out of a contract with an ADR clause, the parties still can agree between themselves once their dispute arises to submit it to mediation and/or arbitration rather than go the litigation route.  If so, they can enter into a contract to that effect.  If you choose Limacs, we will prepare a customized ADR contract governing the details of your proceeding.    

Third, many courts now offer mediation and arbitration services to parties in lawsuits that already have been filed.  Some even compel the parties to participate in such mediations and arbitrations before their lawsuits can proceed.  Though mandatory, these court-annexed arbitrations typically are non-binding.  In other words, if the losing party in the arbitration rejects the award, he is entitled to proceed with the pending lawsuit.  The judge and jury will never know how the arbitrator ruled.  The hope is that an arbitrator’s non-binding award will help the parties see the future – i.e., how the lawsuit likely may come out – and lead to a settlement.

The courts have panels of trained mediators and arbitrators, most of whom are practicing attorneys, who serve free of charge in these court-annexed ADR proceedings.  Roy Klein is on several of these panels.