Page 4 - September-October-2022-CBA-Report
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 President’s Brief
What to Know About CBADR +
Looking Ahead to Fall
 It is common practice for business lawyers to include Dispute Resolution Procedures in the event a dispute arises under the contract, often referred to as “Arbitration Agreements.” They generally start with informal procedures for addressing the dispute directly between the parties, then move along to medi- ation, and if that is not successful to private arbitration. The common goal of DR Procedures is to resolve disputes more effi- ciently and less expensively than litigation.
DR Procedures are everywhere. More than half of all employees have them as part of their employment agreements. Your cell phone contract, your car loan and your mortgage likely have DR Procedures.
When I was a litigator, it was frustrating being required to choose a mediator or arbitrator from a list of neutrals, none of whom were familiar. It can be hard to research a potential neutral, because unlike the courts, their proceedings are usually confiden- tial. The CBA offers a solution: Cincy Bar Alternative Dispute Resolution, or CBADR.
CBADR provides a roster of over 30 mediators and arbitra- tors, including former judges and prominent members of the bar, all of whom are members of the CBA. This creates a strong likeli- hood that you will be familiar with the neutral, his/her skills and specific areas of expertise.
CBADR offers full-service mediation services. Unlike any other mediation service, the CBA does not charge any fees for their services. The mediators charge their regular fees and pay the CBA a small percentage. In addition to standard arbitration, CBADR offers two innovative arbitration offerings: Expedited Arbitration with an award in 90 days and a cap on arbitrator’s fees of $10,000; and Employment Arbitration with six months to decision and automatic discovery protocols. While competitors
By Steve Richey
can charge thousands of dollars in arbitration administrative fees, CBADR’s entire fee is a $500 filing fee.
So, the next time you are drafting an “Arbitration Clause,” especially if the parties are local, consider choosing CBADR. Everything you need to know, including the neutrals and their rates are at: Cincybar.org/ADR. And if you encounter an “Arbi- tration Clause,” that calls for a different provider, remember that these DR Procedures are contracts and are subject to modification by agreement of the parties. So, you can pick CBADR, even if the original agreement calls for a different provider.
Reminders
• September is the last month to sign up for our Service Chal- lenge: Cincybar.org/cbainservice. You can report your own pro bono work to LaDonna Wallace-Smith@cincybar.org to get recognition in the bimonthly Report.
• Join us September 22 at TQL Stadium for Get in the Game: Bench-Bar Social. Meet and mingle with judges and your colleagues at FC Cincinnati’s new stadium. Read more on page 25.
• The Cincinnati Bar Foundation’s annual Investing in Justice campaign kicks off September 1. Close on its heels is the long- awaited return of Rock the Foundation on October 27. Read more on page 16.
You can always bring your non-member colleagues to a prac- tice group meeting, a CLE or a social event. Just let us know and they will be our guests.
Richey is a mediator with Thompson Hine and the 2022-2023 CBA president.
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THE REPORT | September/October 2022 | CincyBar.org
















































































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