The following disclosures pertain to ADR Services, Inc. and its relationships with any parties, lawyers and neutral arbitrators in accordance with Standard 8 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. 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.
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 cases 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.org.
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 Paragraph 10 of ADR Services, Inc.’s Arbitration Rules, available at www.adrservices.org. First, 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
Pursuant to Paragraph 10, subdivision (E) of ADR Services, Inc.’s Arbitration Rules, 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. Upon objection of a party to the continued service of a neutral arbitrator, ADR Services., Inc. refers the matter to the Court for determination, which shall be conclusive. (ADR Services, Inc. Arbitration Rules, Paragraph 11.)