It has been just over a year since the Cincinnati Bar Association re-launched CBADR with both new arbitration rules and it’s completely new mediation service. The basic idea for establishing CBADR was to offer to Cincinnati parties and lawyers a high-quality service to help resolve cases more expeditiously and at a lower cost than other ADR services, like AAA or JAMS, and also offer a roster of arbitrators and mediators who are well known, respected and trusted in the community. Also, following the end of the Common Pleas commercial docket, CBADR arbitration is an ideal way to resolve complex commercial disputes. Check out our arbitrator and mediator rosters at www.cincybar.org/adr. I’m pleased to report that the re-launch has been most successful, notwithstanding the pandemic that has hindered getting the word out.
Highlighting the benefits of CBADR arbitration starts with the minimal filing fee of just $500, whatever the amount of the claim and whether or not the case proceeds to hearing. This compares with a filing fee of $1,975 for a $100,000 claim for a case filed with the AAA, plus an additional “final fee” of $1,375 if there is a hearing. For mediations, there is no filing fee for CBADR to help select the right mediator from its distinguished roster of vetted mediators for your case. There is a separate fee for the mediator or arbitrator based on each neutral’s published fee schedule. Additionally, CBADR offers expedited arbitration rules, which feature a three-month time limit for issuance of the award and an arbitrator fee cap of $10,000, irrespective of the case size and how many hours the case may take to be heard.
As a final point, CBADR also offers supplemental employment case procedures that are designed not only to expedite resolution of employment cases of all kinds within six months, but also contain special procedures designed to speed reciprocal standardized discovery, with up to ten hours for depositions by each side. Over the past few years, a majority of the cases submitted to CBADR have been employment matters. With its supplemental procedures, employment cases can be promptly heard and fairly resolved on their merits, frequently with significantly less time and legal costs than would ordinarily be incurred if the case were brought in court.
Both our local Common Pleas and federal judges are familiar with CBADR’s services and stand ready to refer your case to CBADR Mediation or CBADR Arbitration. And don’t forget, you can submit a case to CBADR even where there is an AAA or JAMS arbitration clause by simply completing a CBADR submission agreement, available at www.cincybar.org/adr.
Pinney is a senior trial lawyer in the Graydon Litigation Group and chairs the International Practice Group, focusing on international dispute resolution. He is a member of the Cincinnati Bar Alternative Dispute Resolution (CBADR) committee.