Resolving Your Dispute
At this Step, the Parties participate with their Resolution Professional in a Resolution
Session.
- Assigning a Resolution Professional: Your Resolution Professional is
selected in accordance with 10 criteria - Legal Expertise; Subject-Matter Expertise;
Industry Expertise; Dispute Resolution Methodology; Language; Jurisdiction; Cultural
Factors; Experience; Complexity; and Conflicts of Interest. Information provided by the
Parties at Step 2 - Intake - is matched with information provided by our Resolution
Professionals to make the selection.
- Setting an appointment: Once all Parties have filed their Submissions
and any Amendment and Additions Forms, an appointment for your Resolution Session is set.
The Electronic Courthouse guarantees its customers that it will make an appointment available to them within 72
hours, subject only to the Parties' own availability. The Resolution Session is 4 hours
long and each Party will be asked to submit 3 4-hour time frames, which will be
coordinated with the Resolution Professional until a mutually agreeable date and time can
be set.
- Allocation of time: The Resolution Session is one 4-hour session.
Unless you have jointly agreed in writing to use one of
The Electronic Courthouse's
alternate processes, our stepped mediation-arbitration process will apply. Under this
process, at the end of the first two hours your Resolution Professional is required to
move to arbitration in order to ensure that your dispute is resolved within the 4-hour
time frame. However, if your Resolution Professional assesses that the Parties are very
close to settlement, the Parties and their Resolution Professional may agree to spend up
to 1 more hour in mediation. As this will reduce the time available for arbitration, all
Parties must agree that further mediation is the most prudent course.
Under our other methodologies, the 4-hour session is used to carry out that methodology
alone, whether mediation alone, arbitration alone, or early neutral evaluation.
Tools:
The Electronic Courthouse uses a number of tools to facilitate the Resolution
Session. These tools fall broadly into one of the following 3 categories: voice tools,
imaging tools, and data tools.
1. Voice Tools:
- Voice continues to be an important tool that humans rely on for important
communications.
- While data links can be cheaper than traditional telephone links, quality is often
sacrificed and results in lost time and poor communication.
- At The Electronic Courthouse, we use
voice communications networks to set up quality
audio communications links during your 4-hour session.
These audio links include security, archiving, play
back and the related advanced audio and voice communication features.
- To enhance the security and quality of voice communications, our Resolution
Professionals use land lines and wire-based networks and equipment, rather
than wireless or cellular telephones, and we encourage all Parties to do the same.
2. Imaging
Tools:
- Parties want an image of their Resolution Professional and the other Parties with whom
they are communicating.
- Most Parties find that an exchange of photos by email is sufficient. Photos of our
Resolution Professionals are posted on our Web site and we ask Parties to submit a photo
of themselves prior to their Resolution Session.
- Video imaging may be
included in your session, at an additional cost
to the parties, where all parties have access to video conferencing
equipment. However, most parties find that images of others' faces take up
valuable screen space, are frequently an irritant and a distraction rather
than an aid to resolution and, therefore, video
imaging is seldom requested or used by the parties. For
further information, see Customization
Options
at Step 6.
3. Data Tools:
- Most disputes involve the interpretation of some written documents and contracts.
- Our principal tool for managing documents is our
The Electronic Courthouse ResolutionRoom. Here the parties can securely file, store, retrieve and view all
documents; make and track proposals; identify and track individual issues; vote on issues;
carry out messaging in a secure environment. The ResolutionRoom allows for secure
asynchronous communications required in advance of the Resolution Session
itself, allowing different Parties to file different documents on different days.
- During the Resolution Session itself, a secure online conference room is set up for your
4-hour session. This Room allows for secure synchronous communications allowing all
parties to collaborate and work with the same documents and tools at the same time. Tools
available in the conference room include White Board, Web Chat and one-way video
conferencing, which are supplemented by your voice conference call.
Click on our Gold Seal below to log in to your
secure Electronic Courthouse
ResolutionRoom
Return to your
Forms and Documents.
Email us at
info@ElectronicCourthouse.com with any general
questions or concerns.
Proceed
to
STEP 8.
|