The following disclosures pertain to ADR Services, Inc. and its relationships with any parties, lawyers and neutral arbitrators in accordance with Standard 8 subsections (b)(1) and (c) of the California Rules of Court, Ethics Standards for Neutral Arbitrators in Contractual Arbitration, and Code of Civil Procedure section 1281.85.
1- Information Regarding ADR Services, Inc.
ADR Services, Inc. is a full service provider of dispute resolution services. ADR Services, Inc. maintains a comprehensive list of neutrals that are affiliated with the organization. This list is available on our website under the heading “Neutrals.”
ADR Services, Inc. does not have a financial interest in any party. No party, lawyer in the arbitration or law firm with which the lawyer in the arbitration is currently associated is a member of or has a financial interest in ADR Services, Inc.
ADR Services, Inc. has not received a gift, bequest or favor from a party, lawyer in the arbitration or law firm with which a lawyer in the arbitration is currently associated.
ADR Services, Inc. is in the business of administering matters and providing a forum for dispute resolution. ADR Services, Inc. has not entered into any special contractual or financial relationships in regard to said services with any party, lawyer in the arbitration or law firm with which a lawyer in the arbitration is currently associated.
Where ADR Services, Inc. has been named in the applicable arbitration agreement as the administering provider organization, ADR Services, Inc. has not solicited, promoted or encouraged its inclusion and has not received, and will not receive, any separate compensation or other remuneration in consideration of such inclusion.
As an Administrator, ADR Services, Inc.’s role is to manage the administrative aspects of arbitrations and other dispute resolution matters, including facilitating the appointment of an Arbitrator or other dispute resolution Neutral, scheduling hearings, and handling the invoicing and payment of fees. ADR Services, Inc. does not decide the merits of a case or make substantive rulings on any of the issues presented. ADR Services, Inc. does not review evidence, evaluate the parties’ claims or render or review the merits of any decisions or awards issued by the neutral arbitrators associated with ADR Services, Inc. Because the Administrator’s role is solely organizational and administrative, ADR Services, Inc. has no power or jurisdiction to reconsider, overrule, change or dictate any Neutral’s decisions or rulings.
2- Information Provided by Parties and Representatives
Persons and entities desiring to engage the services of ADR Services, Inc. to resolve their dispute are asked to provide information regarding the dispute at issue, the parties involved and their counsel or other representatives. This information is what is relied upon by ADR Services, Inc. in preparing and issuing the necessary disclosures. ADR Services, Inc. does not investigate, research or question the validity or accuracy of this information. ADR Services, Inc. reasonably relies upon a party’s representation regarding whether the arbitration is or is not a consumer arbitration.
It is the responsibility of the parties and their counsel or representatives to ensure that ADR Services, Inc. is provided with the most complete, accurate, and current information relating to their matter and any persons or entities who are or will be involved in the process.
3- Case Information
For all prior consumer arbitrations in which ADR Services, Inc. has coordinated, administered or provided dispute resolution services, the date of the decision, the prevailing party, the amount of monetary damages awarded, the identity of the dispute resolution neutral and the identities of the parties’ attorneys are provided in a searchable spreadsheet entitled “Consumer Case Information” available at www.adrservices.com.
4- Relationship Between ADR Services, Inc. and the Neutrals
Arbitrators and mediators associated with ADR Services, Inc. are independent contractors. They are regularly recruited and added to the panel of ADR Services, Inc. Potential panelists either contact ADR Services, Inc. and express their interest in joining the panel or are approached directly by the company.
ADR Services, Inc. management reviews the biographical and anecdotal information of each candidate in order to engage qualified and experienced neutrals available in the alternative dispute resolution marketplace. ADR Services, Inc. makes available the ethical guidelines governing the alternative dispute resolution industry as well as current developments in the law.
The arbitrator selection process for each specific case is set forth in ADR Services, Inc.’s Arbitration Rules, available at www.adrservices.com. ADR Services, Inc. complies with any court orders addressing appointment. If there is no court-mandated appointment process, the parties are encouraged to agree on an arbitrator if possible. If the parties are unable to agree, an identical list containing a minimum of seven names is sent to the parties. The parties are either referred to our website for the potential arbitrators’ biographical information or copies of their biographies are sent via fax. Each party is asked to strike three names and number the rest in order of preference. ADR Services, Inc. then selects as arbitrator the panelist who was most acceptable to the parties as indicated by their preferences. The person selected as arbitrator remains subject to the statutory disclosure procedure and possible disqualification arising from the process.
5- Process for Disqualification of a Neutral Arbitrator
If ADR Services, Inc. receives a timely notice of disqualification following the issuance of statutory disclosures, the Arbitrator is disqualified and another neutral Arbitrator will be selected pursuant to the process set forth above or as otherwise agreed upon by the parties in writing. ADR Services, Inc. also complies with any court order regarding the appointment or disqualification of a neutral Arbitrator.
ADR Services, Inc.’s Arbitration Rules also provide that a party may challenge the continued service of an arbitrator at any time before conclusion of the arbitration proceeding based upon any of the “judicial-type” grounds listed in Code of Civil Procedure section 170.1. The challenge must be based upon information that was not available to the parties at the time the arbitrator was selected. A challenge for cause must be submitted in writing and exchanged with opposing parties, who may respond within seven (7) days of service of the challenge. The challenge will be ruled upon by the Arbitrator, which shall be conclusive. This provision does not apply to information contained in and/or acquired through the arbitrator’s disclosures in the matter.
6- Arbitrations involving Kaiser Entities as Parties
Arbitrations involving Kaiser entities are administered by the Office of the Independent Administrator (“OIA”). Arbitrators on ADR Services, Inc.’s panel who wish to be added to the OIA panel of neutral arbitrators must complete and submit applications to the OIA. The OIA, acting alone, reviews the applicants’ qualifications and determines whether the applicant is qualified for addition to its panel.
In Kaiser matters, arbitrator appointments are not facilitated or promoted by ADR Services, Inc. The OIA manages the arbitration process between Kaiser and its California members in accordance with the OIA’s established arbitration rules. The OIA’s facilitation of arbitrator selection includes sending each party a randomly generated list of twelve possible arbitrators from its panel based on the region where the cause of action arose – San Diego, Southern California, and Northern California.
According to the OIA, the randomly generated list is provided to the parties along with password-protected access to information about the named neutrals, including their application and fee schedule. The information also includes copies of any evaluations that have been submitted about the arbitrator by previous parties, and any redacted awards or decisions the neutral arbitrator has written within the last five years. The parties may either jointly select an arbitrator from the list or strike and rank their selections in order of preference.
If a Neutral on ADR Services, Inc.’s panel is selected to serve as Arbitrator, the matter is initiated with ADR Services, Inc. to coordinate the procedural and logistical aspects of the proceedings only. The OIA remains the administering organization throughout the matter until its completion.