How to Utilize the BBB’s Alternative Dispute Resolution Services

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Business must take the lead to develop policies that govern how their disputes will be handled. The Dispute Resolution process of a business and its efforts at efficient, ethical and fair dealings is where the real attitude of a business is communicated to the world.

Tips on utilizing the Better Business Bureau’s Alternative Dispute Resolution Program ~

• You are an individual or a business and you have a dispute. Where do you go to seek help for quick, efficient, fair resolution of the dispute?

• You have a dispute with a seller, buyer, supplier, representative, subcontractor or any other entity with which you deal. How do you obtain a quick and fair resolution?

• The Better Business Bureau of Chicago and Northern Illinois, Inc. has the cost effective, unbiased and objective services to assist you!

Come to the BBB before you go to Court.

Business must take the lead to develop policies that govern how their disputes will be handled. The Dispute Resolution process of a business and its efforts at efficient, ethical and fair dealings is where the real attitude of a business is communicated to the world.

How one deals with disputes is the basis for one’s reputation.

Over the last 30 years Dispute Resolution methods, Mediation and Arbitration have become common. Litigation and court processes are expensive, distracting, aggravating, stressful and time consuming and can divert people and businesses from their productive goals while creating hostile environments. There has been an ever-increasing trend toward filing more lawsuits thereby creating a highly litigious culture. Our business culture must utilize the benefits of voluntary arbitration and mediation as a positive and viable business practice.

Business should develop the attitude and reputation that they cooperate with and support the concept of efficient and productive Dispute Resolution methods. This can create a Win-Win solution for the disputes that arise.

If you have a dispute involving a business, the BBB is ready to help resolve it. The process is voluntary and incorporates the participation of all parties to help resolve the issues. In many cases the BBB will be able to assist the parties in resolving their dispute.

Unfortunately litigation may take years and may not resolve the issues in dispute but may perpetuate them. Litigation may create other issues such as exposure of confidential information and the development of anger or angst. Litigation may also destroy or significantly affect personal, customer and business relationships. The actual final resolution of a dispute can be achieved by voluntary Mediation or Arbitration before going to court.

What Will Happen After the BBB is Contacted?

When you call the BBB to report your dispute, a claim process will begin. The BBB will notify the party or parties against whom the claim is made. Efforts by BBB staff at conciliation of the dispute will be made. Most disputes are resolved at this stage.

In the event conciliation fails, the BBB representative will discuss the Dispute Resolution methods of Mediation and Arbitration. The parties will voluntarily select the method for resolution and the BBB will set a hearing date and provide each party with the BBB rules governing the method of resolution.

Each party will be given the opportunity to provide and exchange documents and evidence that each party deems important. The BBB will strive to provide hearing dates within 40 days of the parties choosing either mediation or arbitration. The parties at the hearing shall have a total of 2 hours to present their side of the dispute.

The BBB Mediator or Arbitrator decide on the allocation of time within the 2 hour limit. If, prior to the hearing, the parties agree that more than 2 hours is required they can agree to expand the time.

Mediation and Arbitration are informal. The mediators and the arbitrators are trained and experienced. The BBB will work together with the parties to the dispute to see if it can be resolved by mutual agreement. Fees are split 50/50 between the parties in most cases.

Non-Litigation Dispute Resolution

 Conciliation - The BBB collects information from the parties to a dispute and works to take the emotion out of the dispute while encouraging open communications between them. The BBB strives to communicate the parties' views to each of the other parties in a neutral way. Many disputes can be ended simply and quickly this way.

 Mediation - A professionally trained mediator (Neutral) helps the parties to work out their own mutually agreeable solution to the dispute. Mediation is confidential, effective and can offer win/win solutions to the parties. Most cases end with a handshake.

 Arbitration - The parties state their views and positions to a professionally trained arbitrator or a panel of three professionally trained arbitrators. They offer evidence at an arbitration hearing and the parties let the arbitrator(s) make a decision based on the point(s) in dispute. In the event the parties agree to Binding Arbitration, then the decision of the arbitrator(s) is final and will end the dispute. In the event the parties elect Non-Binding Arbitration then the parties may agree, after the arbitration decision is made, to be bound by it. In the event the parties do not agree to be bound, they may then proceed to litigation.

 Mediation-Arbitration - The combined functions of mediation and arbitration can work together in what is commonly called Med-Arb. Initially mediation is attempted. Usually, during the mediation, the parties agree on certain facts. In the event the parties can’t agree on total settlement at the mediation, the facts they agree to can be moved along to be considered in a following arbitration. The arbitrator considers the facts agreed to at the mediation and considers also only those issues not settled at the mediation. This combination of procedures can be very effective in resolving disputes having a higher degree of complexity.

Costs

Fees for services rendered are based on one arbitrator/mediator for a two-hour session at the BBB office during normal business hours. Fees are usually shared equally between the parties unless otherwise agreed. Costs for these effective methods of settling disputes are available by calling 312.245.2513 or 312.245.2539. Members of the BBB, as a benefit of membership, are entitled to a 25% reduction from the applicable portion of arbitration fees. Mediation fees are at a fixed hourly rate plus incidental office costs. Arrangements for more than one arbitrator and other meeting times or locations will be considered on an increased fee basis and can also be arranged by calling 312.245.2513 or 312.245.2539. In order for us to provide the best service, please call for prices.

Give ADR a chance before "putting on the gloves" in court.

Better Business Bureau of Chicago and Northern Illinois, Inc.