The ElectronicCourthouse® has identified 10 criteria that it uses to create an effective match between the needs of the parties and the skills and the experience of the Resolution Professional. The 10 criteria are Legal Expertise, Subject-Matter Expertise, Industry Expertise, Dispute Resolution Methodology, Language, Geographic and Legal Jurisdiction, Experience, Complexity, Availability, and no Conflict of Interest in respect of the parties or the dispute. Each factor is explained in more detail below.

 

These criteria are matched in order to create a short list of 3 Resolution Professionals from which the parties may choose. If the parties are unable to agree, they may ask The ElectronicCourthouse® to make the best selection, they may ask The ElectronicCourthouse to produce 3 other candidates, or they may suggest their own candidate to The ElectronicCourthouse®, who The ElectronicCourthouse® may approach to determine if he or she is wiling to serve as the Dispute Resolution Professional on the case. After a selection is made, the Resolution Professional must confirm his or her availability and ensure that he or she has no conflict of interest in respect of the parties or the case.

 

If none of these options result in a selection, the parties may either abandon their process - as the parties have themselves brought the reprocess to an end, fees are not refunded - or, the parties can authorize The ElectronicCourthouse® to select a qualified neutral and move forward with their case.

1. Dispute Resolution Methodology

 

The Resolution Professional has expertise providing the resolution methodology requested by the parties, namely, the Stepped Mediation-Arbitration Process, Mediation Alone, Arbitration Alone, or Early Neutral Evaluation.

 

2.   Language                                     

 

The Resolution Professional is fluent in the language of each party or, where appropriate, the documents have been translated to a common language and translation services are in place for the Resolution Session.

 

3.  Jurisdiction                                   

 

The Resolution Professional has appropriate international law expertise, and has no bias or appearance of bias or conflict of interest in respect of the geographic location or legal jurisdiction of either party.

 

4.  Industry                                        

 

The Resolution Professional has expertise in respect of the industry sectors of the parties, such as retail, transportation, construction, manufacturing, technology, and other industry sectors.  

 

5.   Subject-Matter Expertise           

 

The Resolution Professional has expertise in the areas of law that are in dispute, such as Banking, Bankruptcy, Corporate, Employment, Intellectual Property, Insurance, and other areas of law.   

 

6.  Legal Expertise                           

 

The Resolution Professional has expertise providing services to the types of parties to the dispute, such as  shareholders, multinationals, small businesses, and employees.

 

7.  Amount in Dispute                       

 

The Resolution Professional has expertise providing services consistent with the amount in dispute, such as disputes under $50,000 US or disputes over $250,000 US

 

8.  Complexity                                   

 

The Resolution Professional has expertise providing services consistent with the complexity of this dispute, such as straightforward, moderately complex, or very complex.

 

9.  Experience                                   

 

The Resolution Professional has expertise providing services consistent with the size of the parties' organizations, including small, medium or large enterprises. 

 

10.  Conflict of Interest

 

The Resolution Professional has certified in writing that he or she has no conflict of interest in respect of this party.

Please see the How It Works section of our Web site to view extensive information about our service.

          For further assistance, please send a message to your case manager.