The AAA^® enables disputing companies to get back to business via the most economical and efficient—and preferably amicable—alternative dispute resolution (ADR) means possible.

To that end, the important Rule 9 (R-9. Mediation) was incorporated into the AAA Commercial Rules and Mediation Procedures and Rule 10 (R-10. Mediation) into the AAA Construction Industry Arbitration Rules and Mediation Procedures. See the box below for the text of the rules.

Briefly, R-9 and R-10 call for mediation concurrent with arbitration unless either party declines to mediate. While this may seem like cross-purposes—as an ADR process, arbitration is pointedly distinct from mediation—the significance of this rule is manifold.

Significantly, it implicitly makes settlement of the case the focus of the procedure. In addition:

• The process presumes mediation unless a party opts out, removing any perceived stigma of requesting mediation; i.e., if for whatever reason Party One suggested mediation, Party Two might suspect Party One felt its case was weak.
  
• Parties make a good effort to curtail proceedings by seeing eye-to-eye in mediation, which saves time, cost, and, often, business relationships.
  
• No time is lost in the arbitration process should the parties fail to reach settlement during mediation. AAA administration of the case proceeds according to schedule as the mediation ensues.

Since the enactment of R-9 and R-10, the AAA has seen an uptick in the number of cases that have settled before award. It actually is the quintessential win-win proposition.

The Mediator

Parties may select a mediator from the AAA Roster of Mediators or use one not affiliated with the AAA. Unlike other ADR organizations, the AAA does not receive any part of the arbitrator or mediator compensation. However, it is not recommended that the mediator also is the arbitrator of the case.

AAA Master Mediator Panel. This panel is comprised of exceptionally experienced mediators skilled in helping parties in large, complex commercial or construction disputes negotiate productively to reach settlement efficiently. The select members include former federal or appellate-level judges, award-winners for excellence in mediation, and writers and lecturers on the theory and practice of mediation. Attorneys with expertise in large-claim mediations have independently vetted each member of the panel prior to selection.

AAA Mediator Search Tool. Parties and their attorneys can use this site to select the right mediator for their dispute by location, language, and area of expertise. Specialties include commercial, construction, environment, insurance, international, large and complex cases, labor. Retired judges also are listed.

For more information, please visit www.adr.org.