Mediation

Mediation is a process in which a neutral third party — a mediator — meets with the disputing parties and actively assists them in reaching a settlement. Mediation is private and confidential, flexible and more informal than other processes. It is concluded expeditiously, allowing parties to settle the dispute or narrow their issues at moderate cost. The process is less adversarial than litigation or arbitration, and therefore less disruptive of business relationships.

CPR offers assistance with the most critical element in your proceeding – the challenge of selecting the best mediator with the right set of skills. Choosing the wrong neutral can adversely affect the outcome of the dispute which, in turn, can have a long-term impact on business relationships and the bottom line. 

CPR can act on behalf of all parties to help select a mediator that is ideally-suited to the case – and one that is acceptable to all sides.

CPR's Mediation Services

Full Service Mediation: CPR provides full-service mediation for parties who wish to utilize CPR’s mediation services. CPR will participate in a conference call with the parties to help CPR develop a list of nominees who will be vetted for conflicts and from which the parties can choose their mediator. This process includes the CPR full vetting process, or any other method of appointment that the parties prefer. For a description of CPR’s Vetting and Selection process, see the table below. In most cases, a mediator can be appointed within 1-4 weeks

Expedited Mediator Appointment: For parties who wish to utilize a more streamlined process, there are two additional mediation programs available. Under these programs, CPR will appoint the mediator via Direct Appointment, where CPR selects a mediator who is fully qualified to resolve the dispute and who has been screened for conflicts and availability.

• Streamlined Mediator Appointment: For disputes where the parties wish CPR to choose a mediator for them after having submitted a Request for a Streamlined Appointment. CPR will make the selection via Direct, based on the information provided by the parties in the request form, and vet the candidate for conflicts purposes before the appointment.
• Flat Fee Mediation Program: For disputes filed with CPR with less than $500,000 at issue, users may opt to have their matter mediated under the Flat Fee Mediation Program. Under this program, CPR selects the neutral via Direct Appointment, and the fee will entitle the user to one day of mediation (up to 10 hours, including preparation).

Unvetted List of Mediators: For those who wish to receive an unvetted list of mediators meeting certain criteria (e.g. experience, credentials, language ability, and geographic location). 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 mediators meeting parties' specific needs. The list is not prescreened for conflicts or availability, and parties would follow their own selection process after the list is received.

Please visit Pricing and Fees to review the fees associated with CPR Dispute Resolution’s mediation services.

CPR’s Mediator Vetting & Selection Process

The greatest burden faced by parties is to expeditiously find an agreed-upon neutral with no conflicts of interest who will be available when the parties want their mediation to take place. With its thorough vetting process, CPR can pre-screen mediator 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.

Profiling	CPR works with counsel to develop a detailed profile of the qualifications and experience of the mediator. 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 the mediation. Parties can also agree on special queries to be made to the candidates.
Identification	CPR searches its database, including a thorough review of the neutrals’ substantive and procedural qualifications, to identify neutrals who best meet the parties’ desired requirements.
Query	CPR 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, CPR provides parties with a list of candidates who are conflict-free and available for the 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 mediator from the list, they rank their preferences, and CPR selects the nominee with the highest combined ranking.
Selection	CPR 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	CPR remains available to address later arising challenges