The acronym “ADR” has been used by different dispute resolution professionals to mean different things:
At InnovADR, “ADR” stands for “Appropriate Dispute Resolution”. We believe that it is possible to combine different processes as needed, taking care to respect the role and function of each ADR Neutral appointed. This approach focuses on the procedural needs and interests of the disputants using our 7 Key Drivers, and encompasses many more ways of resolving disputes (including adjudicative as well as non-adjudicative processes, as may be needed), which enables the parties to have more flexible as well as faster, cheaper and better access to justice.”
An informal process where
parties attempt to resolve disputes
A non-evaluative process where
a neutral third party (mediator)
helps disputants find a mutually
Similar to mediation, but may
involve more active advice, evaluative input or settlement proposals
from the conciliator.
An evaluative process, where an expert is asked to give an opinion that may be binding on a specific topic
A more formal process where
a neutral third party (arbitrator)
makes a binding decision on
At InnovADR the term “ADR” also encompasses mixed-mode processes, combining different dispute resolution processes to achieve more efficient, cost-effective, and satisfactory outcomes that are tailored to the specific needs of each case. This approach is influenced by the concept of “Guided Choice” dispute resolution, whereby dispute resolution professions should first try understand each disputant’s procedural needs and interests first, provide a diagnosis based on defined key drivers, and design an appropriate process that meets all of the disputants’ procedural needs based on these key drivers (e.g., time and cost to reaching an outcome, and relationships, and other considerations). This approach is particularly important in international disputes, where national court proceedings may not be enforceable abroad and parties from different legal cultures may have different cultural approaches to resolving disputes.
Parties first attempt mediation, then move to arbitration if
mediation does not lead to a complete settlement.
Starts with a quick arbitration to determine a preliminary ruling, followed by mediation.
Begins with arbitration, opens a window for conciliation,
and returns to arbitration if conciliation fails.
Following mediation, parties make final offers, and the mediator
as arbitrator chooses one.
Panels established at the start of a project, often in construction, that offer various dispute resolution methods as needed.
A team of neutrals, one acting non-evaluatively (mediator)
and the other evaluatively (conciliator or arbitrator), work together to optimize settlement chances.
Additional forms include innovative and evolving processes that combine different ADR tools and neutrals, tailored to best fit the unique circumstances of each case.
The International Mediation Institute (IMI), along with other ADR institutions, has been instrumental in exploring and establishing guidelines for such Mixed-Mode ADR processes. Its work aims at addressing the practicalities and ethics of neutrals switching roles, and to harmonize differing global practices and perspectives on ADR, which InnovADR seeks to apply.
In summary, ADR, particularly in its mixed-mode forms, offers a versatile and culturally sensitive approach to dispute resolution. It emphasizes the importance of understanding the specific needs and contexts of the disputants, thereby enabling more effective and satisfactory outcomes.
InnovADR’s goal is to help all the parties to consider their procedural needs and interests using 7 key drivers to reach faster, cheaper and better outcomes. We believe this is possible in over 85% of disputes based on the following metrics:
The duration of a commercial will usually vary significantly depending on a variety of factors. These include the complexity of the case, the jurisdiction, the efficiency of the legal system and the rules of procedure that apply, and the tribunal’s existing workload. Here are some general points to consider:
In general, a commercial dispute in a court or in arbitration proceedings can take anywhere from 1-5 years to resolve. InnovADR’s goal is to help the parties’ resolve their disputes within less than 3-6 months.
FASTER: By way of comparison, the World Bank provides the following examples and estimated number of days for resolving a domestic commercial case valued at several hundred thousand dollars:
The cost of resolving a commercial dispute in a commercial court or through an arbitral tribunal varies widely and depends on several factors. Some factors to consider are:
Arbitration is often perceived as more expensive due to higher tribunal fees. The arbitrators’ fees are paid by the disputants and as well as the costs of any administering arbitration institution. The facilities/location of any hearings also need to be paid for, as well as stenographers, party break-out rooms, arbitrators’ rooms, etc. Arbitration, however, can be quicker than court proceedings, which may reduce overall expenses in some cases. There can also be significant differences in costs between “civil law” countries (e.g., France, Italy, China, Japan and Switzerland) and “common law” countries (e.g., Australia, Ireland, United Kingdom, USA, Singapore) proceedings. Some of these differences are due to the following:
Differences in Costs Between Civil Law and Common Law Proceedings
The actual costs of commercial litigation or arbitration proceedings can range from tens of thousands to millions of US dollars, depending on these factors and others. It is important for parties involved in such disputes to obtain cost and time estimates from experienced professionals in either commercial court litigation or arbitration, and in the relevant legal system (civil or common law) before resorting to adjudicative processes.
CHEAPER: By way of comparison, the World Bank provides the following examples and estimated percentages of the value of a dispute for resolving a domestic commercial case valued at several hundred thousand dollars:
InnovADR is a platform dedicated to facilitating amicable dispute resolution processes. It assists parties involved in disputes to organize and resolve them on a “no settlement, no fee” basis.
The ADR Facilitation and Investment Agreement is a framework guiding the resolution of disputes. It details the roles, responsibilities, and procedures for the parties involved, emphasizing efficiency and fairness in dispute resolution.
Key features include a commitment to confidentiality, personalized dispute resolution processes, and a focus on amicable settlements. InnovADR also provides expert neutrals for mediation, conciliation, or arbitration. InnovADR boasts a high settlement rate, with over 80% of cases settling in less than six months. This leads to substantial savings for clients, often over two-thirds of predicted litigation expenses. The savings are achieved through InnovADR’s efficient process design and its focus on amicable dispute resolution.
InnovADR’s Confidentiality & Security Policy ensures that all information provided on the platform is treated with the utmost care and discretion. They comply with GDPR, Swiss Data Protection laws and other relevant data protection laws, using secure AWS infrastructure in the European Union to store data.
The services are open to any parties involved in disputes seeking an efficient, confidential, and amicable resolution. This includes individuals, businesses, and legal professionals.
InnovADR operates on a “no settlement, no fee” basis, meaning fees are contingent on successfully reaching a settlement. Specific fee structures are outlined in the ADR Facilitation and Investment Agreement. An Administrative Fee of USD 1’000 is only charged at the time the ADR Facilitation and Investment Agreement is signed.
InnovADR is equipped to handle a wide range of disputes, though the specifics can be determined through consultation and an assessment of the dispute’s nature and complexity.
InnovADR appoints experienced and neutral ADR professionals, who are paid upfront by InnovADR ensuring no bias or conflict of interest in the dispute resolution process.
Parties can initiate the process by registering on InnovADR’s online platform as a Requesting Party, Anonymous Person, or Responding Party and providing relevant details about their dispute. InnovADR can also initiate a process as a Non-Essential Party based on published information or if asked to do so. InnovADR then assesses and guides the parties to determine the appropriate resolution process.
Yes, feedback is welcomed. Users can contact InnovADR via their official communication channels for any feedback, concerns, or complaints.
InnovADR has a cap on the costs of Mediation, including the Mediator’s fees and any institutional fees, up to a specified maximum amount. This cap is determined per case. In addition, InnovADR covers the ADR neutral(s) fees for a fixed capped amount per matter, irrespective of the settlement outcome.
InnovADR’s success fee is contingent on the case settling within eighteen months (usually within 3-6 months). It is based on a pre-agreed multiple of the capped amount, usually ranging between 4-10 times, and is capped at less than 33% of the estimated litigation or arbitration fees. This fee structure is intended to generate significant savings for all parties involved.
InnovADR’s process design aims for a speedy resolution, with a key focus on reducing the time to outcome. Typically, settlement rates exceed 80% in less than six months. This swift resolution process is part of InnovADR’s commitment to efficiency and cost-effectiveness.
InnovADR’s process design is underpinned by seven critical factors, collectively known as the “7 Key Driv-ers.” These drivers are essential in guiding the approach and ensuring effective dispute resolution:
By integrating these key drivers, InnovADR provides a holistic and efficient approach to dispute resolution, tailored to meet the unique needs of each case while aligning with broader objectives like ESG (Environ-mental, Social, and Governance) and the UN’s Sustainable Development Goals (SDG).
InnovADR’s approach to dispute resolution is closely aligned with Environmental, Social, and Governance (ESG) objectives and the United Nations’ Sustainable Development Goals (SDGs). Here’s how:
InnovADR’s adherence to ESG principles and alignment with specific SDGs reflects its commitment to con-tributing positively to societal and environmental goals while maintaining robust governance standards