Want help appointing a mediator, arbitrator or a panel of neutrals? CPR Dispute Resolution (DRS) has extensive experience as an appointing authority, and a long history of supporting non-administered disputes.
Parties can request one of the following four options:
1. Curated List of Neutrals’ Bios
Parties may request that CPR create a list of neutrals tailored to their specifications. CPR maintains an extensive and detailed neutrals database which can be searched to identify neutrals who specifically fit parties requirements in terms of experience, credentials, language ability, and geographic location. Once criteria have been entered into the database, CPR simply provides biographies and contact information for the neutrals meeting parties specific needs. The parties then proceed using their own selection process. (The neutrals are not queried using the "Vetting Process" below).
This is especially helpful in any ad-hoc or self-administered processes where the parties would choose their mediator or party-appointed arbitrator without assistance. However, selecting a neutral can be daunting. The Curated List is one way to make the search process easier.
To request a Curated List, please visit File A Case and under Service, select "Curated List of Neutral Bios" from the "Special DRS Services" option.
2. Vetted List of Neutral Candidates
The greatest burden faced by parties is to expeditiously find an agreed-upon neutral with no conflicts of interest and one who will be available when the parties want their arbitration hearing or mediation to take place. With its thorough vetting process, CPR can pre-screen neutral candidates for conflicts and availability and submit to parties a list of vetted candidates including biographical information, hourly rates, disclosures, and responses to special queries from the parties. The parties may then proceed with their own selection process or follow a traditional ranking. If needed, CPR offers consulting services to help parties craft a customized neutral selection process. (See below for vetting process).
To request a Vetted List of Neutral Candidates, please visit File A Case and under Service, select "Appointing Services" from the "Non-Administered Arbitration, UNCITRAL and Appointing Services" option.
3. Screened Arbitrator Selection
CPR’s Rule 5.4 for Non-Administered Arbitration provides a unique mechanism for the constitution of a tripartite tribunal whereby parties select their party-appointed arbitrators without the candidates knowing which party designated them. In this process, CPR handles all communications with the party candidates to ensure confidentiality. This screened selection process offers an additional layer of protection to parties with respect to the impartiality of the neutrals. When the parties provide for CPR screened arbitrator selection in their ADR clause, CPR can assist them throughout the selection of party-appointed arbitrators and a chair. (See below for vetting process).
To request a Screened Arbitrator Selection, please visit File A Case and under Service, select "Non-administered Arbitration" from the "Non-Administered Arbitration, UNCITRAL and Appointing Services" option.
4. Direct Appointments
Acting as a widely-respected and independent organization, CPR can directly appoint an arbitrator or a mediator when the parties provide for a direct appointment in their contract or at the parties’ request after the dispute has arisen. In that case, CPR will select a neutral who is fully qualified to resolve the dispute and who has been screened for conflicts and availability.
In many cases, a neutral can be appointed within 1-4 weeks depending on the process used. An expedited selection means a more efficient and less costly process for all parties.
To request a Direct Appointment, please visit File A Case and under Service, select "Appointing Services" from the "Non-Administered Arbitration, UNCITRAL and Appointing Services" option.
CPR’s “Vetting”/Selection Process
For those parties who request a Vetted List of Neutrals or Screened Arbitrator Selection, CPR uses the following vetting and selection process:
|CPR’s “Vetting”/Selection Process|
|Profiling||DRS works with counsel for parties to develop a detailed profile of the qualifications and experience of the Neutrals needed. This due diligence also includes a discussion of the complexity and issues involved in the dispute and the potential for resolution. At this time, parties agree on a venue and a time period for hearing the matter (if not already confirmed). Parties can also agree on special queries to be made to the candidates.|
|Identification||DRS searches its database, including a thorough review of the Neutrals’ substantive and procedural qualifications, to identify Neutrals who best meet the parties’ desired requirements. DRS strives to ensure that at least 30% of the candidates on a slate are diverse (women, persons of color, members of the LGBTQ community, persons living with disabilities, or other under-represented groups).|
|Query||DRS prepares a list of potential Neutrals and queries them to determine their availability and willingness to serve, as well as to identify any potential conflicts. Any special queries are made at this time.|
|Nomination||Based on the responses received to its neutrals query, DRS provides parties with a list of candidates who are conflict-free and available for the hearing calendar window that the parties prefer. The list is submitted together with biographical information, hourly rates, any disclosures, and responses to special queries.|
|Ranking||Absent party agreement to a different process, if parties are unable to agree on a Neutral from the list, they rank their preferences, and DRS selects the nominee with the highest combined ranking.|
|Selection||DRS notifies the selected panelist, who contacts counsel directly to begin the dispute resolution process. The Neutral assumes responsibility for both directing and administering the ADR proceedings.|
|Assistance||DRS remains available to address later arising challenges.|
To inquire about these services, please email Neutrals@cpradr.org.
Parties may also wish to review the fee schedule for appointing services.