InnovADR
Faster, Cheaper, Better
Appropriate Dispute Resolution (ADR)
- Settle Disputes Within 3-6 Months
- At less than 1/3rd of the Costs of Going to Trial
- On a “No Settlement, No Fee” Basis
- With a >80% Settlement Rate
- Using Mediators and Other Experts, as Needed
WHO WE ARE
Executive Team:
InnovADR’s Executive team includes a group of experienced entrepreneurs and investment professionals with combined experience in dispute prevention and resolution, start-ups, private equity and finance, with an emphasis on good environmental, social and governance (ESG) factors and meeting the United Nations’ Sustainable Development Goals (SDG).
Advisory Board:
The executive team is supported by an international team of top tier ADR experts from around the world (including mediators, arbitrators and judges).
Entities We Work With :
InnovADR also works with a broad range of cooperating stakeholders from all aspects of the dispute resolution sector, including leading law firms, service providers, litigation funds, institutional arbitration and mediation centers and associations across the world:
ADR Institutions:
- AAA/ICDR (American Arbitration Association/International Centre for Dispute Resolution), US
- ADR Institute of Canada, CA
- CEDR (Centre for Effective Dispute Resolution), GB
- CIArb (Chartered Institute of Arbitrators), GB
- CMAP (Chambre de Médiation et d’Arbitrage de Paris), FR
- CPR (International Institute for Conflict Prevention & Resolution), US
- DIAC (Dubai International Arbitration Centre), AE
- DIS (German Institution of Arbitration), DE
- FIMC (Florence International Mediation Chamber), IT
- HKIAC (Hong Kong International Arbitration Centre), HK
- ICC (International Chamber of Commerce), Int’l.
- ICSID (International Centre for Settlement of Investment Disputes), Int’l.
- JAMS (Judicial Arbitration and Mediation Services), US
- NCMG (Negotiation and Conflict Management Group), NG
- SCC (Stockholm Chamber of Commerce Arbitration Institute), SE
- SIAC (Singapore International Arbitration Centre), SG
- Signature Resolution, US
- SIMC (Singapore International Mediation Centre), SG
- Swiss Arbitration Centre, CH
- VIAC (Vienna International Arbitral Centre, AT
- WIPO (WIPO Arbitration and Mediation Center), UN
ADR Neutrals & Associations:
- IMI, (International Mediation Institute), Int’l.
- AAA (American Arbitration Association), US
- AdM (L’Académie de la Médiation), FR
- b-Médiation, BE
- CPR (International Institute for Conflict Prevention & Resolution), US
- IAM (International Academy of Mediators), US
- ICDR (International Centre for Dispute Resolution), US
- SIMC (Singapore International Mediation Centre), SG
- SIMI (Singapore International Mediation Institute), SG
- SCCM/SKWM/CSMC (The Swiss Chamber of Commercial Mediation), CH
- Association Nationale des Médiateurs (ANM), FR
Law firms & Experts:
- Aina Blankson
- Cuatrecasas
- Helvetica Avocats
- Herbert Smith Freehills (HSF)
- Lawtech.ch
- PriceWaterhouseCoopers (PwC)
Service Providers:
- Mundo Mediatoris, NL (Services for the appointment of international ADR Neutrals)
- MyDRHub (Software services for ADR process triage and handling complaints)
Private Equity & Litigation Funds:
- Cheyne Capital, GB
- Profile Investment, FR, GB, SG
- Omni Bridgeway, AE, AU, CA, CH, DE, FR, GB, HK, IT, NL, NZ, SG, US
- Nivalion (CH), GB
HOW WE WORK
OUR SIX-STEP PROCESS
OUR SIX-STEP PROCESS
- Submission of Application Forms: After a case has been created (which can be done by a party, an anonymous person or InnovADR), each party’s authorized representative submits an Application Form (approx. 30 minutes per party).
- Submission of Due Diligence Questionnaires (DDQs): After all of the parties have submitted their Application Forms, each essential party fills out a Due Diligence Questionnaire (approx. 60 minutes per party).
- Analysis & Proposal from InnovADR: After all of the essential parties’ Application Forms and DDQs have been received, InnovADR analyses them and provides its recommendations for a bespoke ADR process, submitting a written offer to the parties, including the amount it proposes to invest and its success fee if the case settles (approx. 2-5 business days).
- Signature of InnovADR Agreement: If the parties agree to InnovADR’s proposal, an ADR Facilitation & Investment Agreement is signed electronically by all of the essential parties. Each signing party is charged an Administrative Fee of one thousand US Dollars (USD 1,000) at this stage. No additional payments are due unless and until the dispute settles (approx. 2-5 business days).
- Selection of 1st ADR Neutral (the Mediator): The 1st ADR Neutral in all cases will be an experienced and certified commercial meditator, who is jointly appointed by the parties. Our portal provides an ADR Neutral appointment for selecting a mediator online if the parties need assistance with this. Each party can suggest up to five mediators they would like to propose. Our electronic ADR Neutral appointment system can also be used for appointing other ADR Neutrals subsequently (e.g., experts and/or arbitrators). The parties can also find and appoint ADR Neutrals using any approved database (e.g., the database of the International Mediation Institute), through an approved administering body (e.g., AAA/ICDR, CPR, ICC, SCCM, SIMC, etc.) or working with one of our approved partners (e.g., Mundi Mediatores) (approx. 2-10 business days).
- Invoicing and Payment of each Party’s Success Fee: If and when the dispute settles (which should be within three to six (3-6) months from the appointment of the 1st ADR Neutral in 85% of cases), each party receives an invoice in accordance with the signed InnovADR Agreement, which is to be paid within ten (10) business days.
STEP 1: Filling out an Application Form
Each step is confidential and conducted online, using our proprietary software application. The application is not a docketing system, and no sensitive information or confidential documents need to be shown or filed.
The first step to an InnovADR process is to fill out an Application Form, opening a case. This can be done by anyone, and there are three user profiles:
- A Requesting Party: a party wishes to be transparent and let the other parties know it has initiated this process.
- An Anonymous Person: a person wishes to open a case, but does not wish to be further involved in the process as a party; and
- A Responding Party: a party wishing to open a case anonymously, no party will be identified as a “Requesting Party”, and all parties are invited equally to use InnovADR’s services.
These options means it is possible for third parties or concerned stakeholders who are affected by a commercial dispute to initiate a request on an anonymous basis. It is also possible for parties to a conflict to anonymously initiate a process under InnovADR’s cover.
Each party will need to identify itself as an “Essential” or “Non-Essential” party in terms of whether or not its involvement is needed to resolve the dispute.
Each essential party will be asked to fill out an Application Form that consist of 5 parts and takes approximately 20-30 minutes :
- Information about your party
- Information about the other parties involved in the dispute and how to contact them
- Information about the dispute itself (15 multiple choice questions)
- The conflict’s propensity to escalate (4 multiple choice questions using a diagnostic scale)
- A final results page with consent options to be selected by each party’s designated Authorized Representative (the person identified as having the authority to represent that party and make binding decisions on its behalf).
An Application Form will be processed by InnovADR when every Authorized Representatives of all essential parties have clicked on the green “Approve” button that is only available to them on their Application Forms.
The Application Forms provides an immediate diagnostic to each party, and proposes optimal processes for each case. The results are only shared with the other parties and/or the ADR Neutral(s) to be appointed if all of the parties consent to that information being shared.
Unlike ADR consultancies, InnovADR finances all of this.
STEP 2: Filling out Due Diligence Questionnaire
Once the Authorized Representative of each party has approved that party’s Application Form, each party is invited to fill out a Due Diligence Questionnaire (“DDQ”).
The DDQ is a multiple choice form that is divided into five parts taking approximately 60 minutes to complete. The DDQ includes questions on:
- procedural issues
- prior experiences with disputes
- each party’s subjective interests, concerns, needs and motives (their “ICNMs”) looking to the future
- the extent to which norms (e.g. the rule of law, industry standards or evaluative input) may be needed
- whether the parties consent to their answers to these questions being shared with the ADR Neutral(s) who will be appointed.
A DDQ will be processed by InnovADR when every Authorized Representative of all essential parties has clicked on the green “Approve” button that is available to them at the end of their DDQ form.
Unlike ADR consultancies, InnovADR finances all of this.
STEP 3: Receiving a written proposal from InnovADR
Once each party’s Authorized Representative has approved that party’s DDQ, InnovADR assesses the case and provides the parties with a written draft contract where InnovADR will explain the amount it proposes to invest in the ADR process.
The amount invested is not tied to value of the claim or to a settlement of the dispute. InnovADR believes in the efficiency of the offered processes, and the investment is lost if there is no settlement. InnovADR’s fees will be fixed at a fair amount that is capped at 1/3rd of the costs of going to trial. This ensures significant savings for parties, at least 2/3rds of the costs of going to trial or arbitration, in all cases.
The draft ADR Facilitation & Investment Agreement is sent to all parties for their Authorized Representatives to sign.
Unlike ADR consultancies, InnovADR finances all of this.
STEP 4: Signature of the ADR Facilitation & Investment Agreement
It is only at this stage that each party is asked to make a contractual commitment, by having their Authorized Representatives sign the ADR Facilitation & Investment Agreement. Signature is done electronically and involves each party paying a one thousand US Dollar (USD 1’000.-) administrative fee within five (5) business days of signing the Agreement.
The parties also undertake to pay a capped success fee of 1/3rd of the costs of going to trial or arbitration only if the case settles within 18 months following the appointment of the first ADR Neutral. InnovADR is thus paid only if the case settles (fully or partially) saving parties at least 2/3rds of the costs of going to trial or arbitration.
STEP 5: Appointment of the First ADR Neutral (a Mediator)
Once the ADR Facilitation & Investment Agreement has been signed by each party’s Authorized Representative, each party is asked to propose up to five ADR Neutrals it would like to act as the mediator to initiate their case.
InnovADR does not have a closed list of its own mediators, and any professional mediator certified by an authorized ADR institution automatically qualifies for InnovADR funding. Examples of accredited mediators include mediators qualified or certified by :
Confused?
We are here to simplify the process for you and to help you select optimal processes and ADR Neutrals
- the International Mediation Institute (IMI) or its Qualifying Assessment Programs (QAPs)
- the American Arbitration Association or its International Center for Dispute Resolution (AAA/ICDR)
- the International Chamber of Commerce (ICC)
- the International Institute for Conflict Prevention & Resolution (CPR)
- the Centre for Effective Dispute Resolution (CEDR)
- the ADR Institute of Canada (ADRIC)
- the Centre de Médiation et d’Arbitrage de Paris (CMAP)
- the French Institute for Mediators Certification (IFCM)
- the Instituto de Certificação e Formação de Mediadores Lusofonos (ICFML)
- Judicial, Arbitration and Mediation Services (JAMS)
- the Swiss Arbitration Centre, the Swiss Chamber of Commercial Mediation (SKWM/CSMC/SCCM)
- the Singapore International Mediation Institute (SIMI)
- the Singapore International Mediation Centre (SIMC)
- the World Intellectual Property Organisation (WIPO)
- etc.
Once the first ADR neutral is agreed upon, the dispute resolution process is initiated. InnovADR will pay for the fees of this first ADR Neutral upfront, to ensure there are no possible conflict of interest issues and to preserve their independence, neutrality and impartiality.
InnovADR remains supportive in implementing the process agreed to by the disputants, and in charge of paying the fees of any additional ADR Neutral(s) and associated institutional fees as needed (up to the agreed cap, beyond that, the parties are responsible for paying any additional fees).
The ADR Neutral and the parties commit to promptly inform InnovADR if the case settles (whether partially or completely). No other information needs to be provided to the fund.
STEP 6: Invoicing and Payment of Success Fees
Following notification by a party or any appointed ADR Neutral of the settlement, InnovADR issues each party its own invoice, which will never exceed one third of the anticipated cost of going to trial or arbitration. Each party is responsible for paying its own fees within ten (10) business days from its receipt of InnovADR’s invoice.
CONFIDENTIALITY
Privacy and Confidentiality Undertakings
- Core Confidentiality: Every piece of information on our platform is treated with utmost confidentiality.
- Binding Agreement: Filling out our forms and submitting them creates a binding agreement under Swiss law for us to protect your data and privacy, whether or not you continue with a case.
- Data Collection & Use: We only collect necessary data for our dispute resolution assessments and proposals and are fully compliant with EU GDPR and Swiss data protection laws and regulations.
- Professional Access: Only authorized staff and consultants of InnovADR, who are bound by strict obligations of confidentiality, can access your information, and only for dispute resolution purposes.
- Dispute Resolution Information Sharing: Data may only be shared with other parties, appointed neutrals or administering ADR institutions under strict confidentiality, with your prior permission.
- AWS for Data Security: We use Amazon Web Services, adhering to their high standards for data storage and security. We store everything on servers in Germany and for a period of 10 years after the most recent data entry in each case.
- User Control & Anonymized Data: You have control over your data, and we take measures to avoid anonymized data being traced back to you.
- Electronic Communication & Signing: Electronic communication and signing of documents are part of our process.
- Liability Disclaimer: While InnovADR does its best to ensure confidentiality and data protection, it accepts no liability for unauthorized hacks or breaches through AWS or by third parties.
- Policy Updates & Review: Please see InnovADR’s Confidentiality & Security Policy for more information. This policy may be updated, and we recommend periodic reviews.