In 2011, the Cincinnati Bar Association took a bold step in establishing the Cincinnati Bar Association Arbitration Service, later renamed the Cincinnati Bar Alternative Dispute Resolution Service (CBADR), the only bar association administered alternative dispute resolution service in Ohio. The purpose for CBADR is simple. There are many legal disputes that can and should be resolved promptly and efficiently through mediation and arbitration. Especially for commercial disputes involving Cincinnati parties, CBADR arbitration offers parties the ability to elect a dispute process before well-known and trusted Cincinnati lawyers/arbitrators who are members of the CBADR panel of arbitrators. Each of the panelists has a full biography along with their hourly fee listed on the CBADR website (www.cincybar.org/ADR).
CBADR has a fee structure that was established to be much less expensive than AAA or JAMS. Coupled with modern, well-drafted arbitration rules, choosing CBADR Arbitration enables parties to get their disputes fairly and justly resolved both promptly and efficiently. Under the CBADR Arbitration Rules, parties may opt for a sole arbitrator or a panel of three arbitrators.
No matter what the amount in dispute is, the filing fee for CBADR Arbitration is $500, with no additional fees charged to the parties.1 In comparison, the AAA administrative fees for a $100,000 case is $4,200, for a $300,000 case — $9,000, and for a $500,000 case — $14,175. For JAMS, it charges a $2,000 initial filing fee and then a 13% surcharge that is added to the arbitrator’s fees. The net effect is that the total cost for choosing CBADR Arbitration for any dispute is thousands of dollars less than AAA and JAMS.
Amount in Dispute
*AAA - Commerical Rules. ** JAMS - Assumes 10 hrs for $100,000, 20 hrs for $300,000, 30 hrs for $500,000 & 40 hrs for $1 million.
The CBADR Roster of Arbitrators currently has 19 well-known and experienced arbitrators. See www.cincybar.org/about-us/cbadr/arbitrators. Each panelist’s fees are listed along with their biographies and range from a low of $325 per hour to a high of $850 per hour, with most in the $350 to $500 range, which is below the fees charged by many AAA and JAMS arbitrators.
In addition to CBADR traditional arbitration rules, CBADR also offers Expedited Arbitration for cases involving $25,000 or less, although the parties can elect the expedited arbitration for any case. There are two key points for Expedited Arbitration: first, ordinarily the entire case from appointment of the arbitrator to award will take only three months; and, second, the arbitrator fees are limited to no more than $10,000, irrespective of the amount in controversy.
CBADR also offers special Employment Case Procedures, which include required discovery protocols like those used in federal courts. The CBADR roster of arbitrators includes experienced employment lawyers committed to give a fair hearing to both claimant employees and respondent employers alike within six months after appointment, which is less time than litigation typically takes in court.
For business disputes, smaller claims and employment cases, CBADR Arbitration is the smart decision for fair, expeditious and economical dispute resolution. When preparing business agreements, the parties can in advance elect CBADR arbitration by inserting the arbitration clause in their contract. For standard clauses, see www.cincybar.org/adr. CBADR also accepts cases under a Submission Agreement where the parties to an existing dispute elect to submit that dispute to CBADR Arbitration. Importantly, where a dispute arises that is subject to an AAA or JAMS arbitration clause, the parties may still agree to use CBADR Arbitration and save thousands of dollars for fees and expenses.
CBADR also has a roster of experienced Mediators and Mediation Rules. Parties can choose CBADR Mediation by simply selecting a member of the Mediation Roster or requesting CBADR to select a mediator for their dispute. The CBADR Mediation Roster is at www.cincybar.org/adr/mediators.
Questions: Contact John Pinney at jpinney@bricker.com or 513-629-2730 or Jamie Shiverdecker at askcba@cincybar.org.
John B. Pinney is a senior trial lawyer with Bricker Graydon Wyatt LLP. His practice focuses on complex litigation and international dispute resolution. John has been elected as a Fellow of the Chartered Institute of Arbitrators and serves as both a mediator and an arbitrator, as well as counsel for clients having cross-border disputes. John is also an Adjunct Professor at the UC College of Law, teaching international commercial arbitration.
1 CBADR Arbitrators charge their regular fees as posted on the CBADR website; the Arbitrators pay 15% of their fees to CBADR, without additional cost to the parties.