Update Regarding COVID-19 & CPR Mediation Services

The COVID-19 health crisis is causing unprecedented disruptions and damages to the World’s economy and business relationships. A great variety of commercial disputes are surfacing as parties find it impracticable or impossible to perform their contractual obligations. In all likelihood, this crisis will result in a surge of litigation and will also considerably slow down the resolution of pending court cases. In fact, many courts around the world have stopped holding jury trials which will create a considerable backlog for many pending cases. These unprecedented delays should encourage parties to consider alternative dispute resolution.

Last week, we shared with you the launch of a new Dispute Prevention panel, comprised of neutrals who have the experience to facilitate the resolution of a dispute before it becomes a legal conflict. At the same time, we also want to remind you that CPR Dispute Resolution and its Mediation Services are also available to assist businesses in these difficult times. As you know, mediation is a flexible, nonbinding dispute resolution process that uses a neutral third party- the mediator – to facilitate negotiation between the parties and help them find a mutually satisfactory solution to the dispute. The mediator has no authority to impose an outcome on the parties and controls only the process of the mediation itself, not its result. The process is typically faster and more cost-effective than binding dispute resolution processes, such as litigation or arbitration.

CPR’s Mediation Procedures have been drafted by dispute resolution experts and have been used to resolve hundreds of cases over the past three decades. They offer flexibility while providing ground rules for the conduct of the mediation. For example, they provide rules to select the mediator, exchange information between the parties or to preserve confidentiality. All our mediation procedures are available here.

CPR’s Panel of Distinguished Neutrals comprises those among the most respected and elite mediators in the US and around the world. It includes prominent attorneys, retired state and federal judges, academics, as well as highly-skilled business executives, legal experts and dispute resolution professionals who are particularly qualified to resolve all business disputes including those involving multi-national corporations or issues of public sensitivity. Focusing in more than 30 practice areas, CPR’s esteemed mediators have provided resolutions in thousands of cases, with billions of dollars at issue worldwide. Click here for more information about CPR’s Panel of Distinguished Neutrals.

FAQs

How do I commence a mediation with a counterparty with which I have a dispute?  You will need to execute the following mediation agreement with your counterparty:

“We hereby agree to submit to confidential mediation under the CPR Mediation Procedure the following controversy: [Describe briefly]”

What if it is an international dispute? You will need to execute the following mediation agreement with your counterparty:

“The parties hereby agree to submit to mediation under the CPR International Mediation Procedure the following controversy: [Describe briefly]”

What if it is an employment dispute? You will need to execute the model submission agreement in Appendix 1 of CPR Employment Mediation Procedure

What is the cost? 

  • You do not need to pay any filing or administrative fees to use CPR Mediation Procedures. However, if the parties cannot agree on a mediator – or if they would like to benefit from CPR’s expertise in identifying a qualified mediator for the dispute – you will need to pay US$ 1,500 fee (the fee is split among the parties). Click here for more information on how CPR’s experienced case management team assist the parties in selecting their mediator.
  • In addition, you will need to pay the mediator.  Most mediators charge an hourly rate.

What if my dispute is below US$ 500,000?  You may consider using CPR’s flat fee mediation program.  Under the program, the dispute will be mediated for a flat fee of $3,500, to be split among the parties ($2,500 when a CPR member is involved in the dispute).  This amount will entitle the parties to one day of mediation (up to 10 hours, including preparation). Thereafter, an hourly rate of $350 will apply.  Mediators are directly appointed by CPR, after the parties have agreed upon a date and venue.

How do I request CPR’s assistance for the selection of the mediator? To obtain the appointment of a mediator, send your request via email to CPRNeutrals@cpradr.org with the contact information for all parties, including email addresses.  You will also need to pay a $750 non-refundable deposit. Payments can only be accepted via credit cards or wire transfer. Please specify in your cover email how you would like to pay. Click here for more information.

How to I contact the case management team if I have additional questions? Contact Alveen Shirinyans at ashirinyans@cpradr.org or +1.646.753.8230 or Helena Tavares Erickson at herickson@cpradr.org or +1.646.753.8237

CPR COVID-19 Update

The COVID-19 virus has affected all aspects of our daily lives, and we at CPR continue to monitor developments that affect our staff, members, neutrals and those to whom we provide services. We are assessing the situation daily and monitoring all recommendations from the World Health Organization, U.S. Centers for Disease Control and Prevention, and state and local authorities. We encourage you to do the same.

SAFETY PRECAUTIONS

CPR has communicated with the appropriate parties about best practices and recommended safety guidelines, both with regards to our personal habits and CPR’s physical office space.

We do ask that our staff and any visitors exercise caution and good judgment and not come into our office when they are sick or experiencing symptoms such as runny or stuff nose, fever, cough, shortness of breath, sore throat, body aches, chills or fatigue. If there is any doubt, we advise erring on the side of caution and would be happy to assist via phone or other (e.g., videoconferencing) means.

CPR PROGRAMMING AND EVENTS

While some events scheduled for the near term are, out of an abundance of caution, in the process of being rescheduled, others have already been seamlessly transformed to online proceedings. For some time now, all CPR committee meetings already have offered a virtual component (i.e., with video or audio conferencing) so that programming will not change for the immediate future – and there are some great meetings scheduled, on timely topics.

For example, next week our Mediation Committee will be hosting a panel discussion on comparisons between domestic and international mediation. Our panelists have updated their presentation to include a discussion on how mediators are adapting to the coronavirus outbreak in the United States and abroad. We are also going to hold our Employment Committee’s Post-Epic Systems panel discussion at the end of March via video conference as well. Given that CPR’s membership spans the world, our members are able to participate remotely – and robustly – in committee programming. 

BUSINESS AND DISPUTE RESOLUTION SERVICES CONTINUITY

CPR has planned and prepared for situations such as these. Our New York office remains open and operational. However, should the need arise, our staff is prepared to work securely and remotely.

In the event it becomes necessary for us to temporarily close our physical office, rest assured that CPR Dispute Resolution can and will operate virtually, offering our full suite of dispute prevention and resolution services without interruption.

“ALTERNATIVE ADR” – ONLINE AND OTHER RESOURCES

As more and more companies restrict travel and communities restrict travel and large gatherings, questions have also arisen as to alternatives to face-to-face arbitration hearings or mediations. We urge parties and neutrals to discuss these issues as they arise, and CPR has taken steps to help parties and neutrals address these challenges. Specifically, we have arranged for CPR’s neutrals to have access to a secure online platform for the management of mediations and single arbitrator cases.

We also encourage anyone utilizing video or online venues or processes to review The ICCA-NYC Bar-CPR Protocol on Cybersecurity in International Arbitration (2020 Edition).

Please let us know if you have any questions or concerns, or if there is an issue here we have not addressed. We are all part of the same dispute prevention and resolution community, and look forward continuing to support one another as we navigate this situation, together.  Please stay safe and healthy.