FAQs – Frequently Asked Questions

  1. Q. What clause do I use in my contract to select ADR for my alternative dispute resolution process? A. “Any claim or controversy arising out of, or relating to, or in connection with this agreement of it shall be confidentially settled by arbitration administered by All Digital Resolutions under its ADR Rules, and judgment on the award rendered therewith may be entered in any court having jurisdiction thereof.“
  2. Q. What is an example of a “tailored” arbitration provision? A. “[Add Q1 Answer] The arbitration shall be conducted before a panel of three arbitrators who are selected from the ADR’s proffered panel of available arbitrators. At least one panel member shall be a retired member of the judiciary, one member shall be a certified public accountant, and one member shall have experience with representation of franchisees. Any arbitrator may satisfy one or more of the aforesaid requirements.”
  3. Q. How do we “transfer” a case to the ADR? My contract says that we must use a different service that is much more expensive. A. No matter what the contract says, if all parties to the contract decide that they would prefer to use ADR services, the parties may file with ADR “by submission.”
  4. Q. What is the “filing fee waiver” and how does it work? A. There is no filing fee for any filing party that is an individual or an entity with less than 50 W-2 employees and less than $20M in annual revenues. In the current year, if the calculation is not clear, a form of average trending would be generally appropriate. It is the burden of the party claiming the waiver to prove satisfaction of the condition and the final determine is in the discretion of ADR. A waiver of the filing fee effective passes through all fees to the engagement with the neutral. This is simply a filing fee waiver and not a waiver of the neutral’s fee.
  5. Q. I would like to be considered for panelist and neutral opportunities. What is the method? There is no guarantee that you will be added to the list, as we have limits on available categories and other self-discretionary conditions. The first step is to complete the Panel Request Form.