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to view a copy of the Civil Dispute Resolution Program Brochure!
The Civil Dispute Resolution Program is intended to offer mediation and arbitration
services as a more efficient means of resolving certain disputes without costly
and time consuming litigation.
The Bar Association maintains lists of approved mediators and arbitrators. Parties
seeking to submit a dispute for mediation / arbitration need to complete a Request
Form and submit it to the Bar Association, along with a fee in the amount of $500.00.
A request to mediate / arbitrate must represent that all parties to the action view
the mediation / arbitration as a potential aid to the resolution of their dispute.
The $500.00 fee includes a $50.00 administration fee paid to the Bar Association
and a $450.00 fee to the mediator / arbitrator for preliminary review, preparation,
and a two-hour session. In the event the initial session of mediation / arbitration
exceeds two hours in length, the parties agree to bear equally an hourly fee for
the mediator / arbitrator in the amount of $150.00 per hour.
If you are interested in pursuing alternative dispute resolution through our program,
contact the Bar Association at (717) 232-7536 and you will be promptly provided
with a complete packet of information and forms. If this information does not answer
all of your questions, please do not hesitate to call or contact the Bar Association
and let us know of your need for additional information.
SAMPLE MEDIATION CLAUSES
The Alternative Dispute Resolution Committee recommends use of the following mediation
clauses in appropriate circumstances:
If the parties elect to adopt mediation as a part of their contractual dispute settlement
procedure, they can insert the following mediation clause into their contract:
"If a dispute arises out of or relates to this contract, or the breach thereof,
and if the dispute cannot be resolved through negotiation, the parties agree first
to submit the dispute to mediation, unless a filing with a court becomes necessary
to obtain an injunction or to toll a statute of limitations."
If the parties choose to use a mediator to resolve an existing dispute, they can
enter into the following submission:
"The parties hereby submit the following dispute to mediation administered by
______________________________ (e.g., the Dauphin County Bar Association Civil Dispute
Resolution Program. This clause may also provide for the qualifications of
the mediator(s), method of payment, locale of meetings, and any other item of concern
to the parties.)
For further information about the Dauphin County Bar Association Civil Dispute Resolution
Program, as well as the full range of other DCBA services, contact the Bar Association
at (717) 232-7536.
SEVEN SIGNS POINTING TO MEDIATION
1. Parties' real interests and needs differ from their enforceable rights, which
will determine the likely result of litigation.
2. The maximum potential damages are far less than the likely costs and fees of
litigation.
3. Parties would like to continue their relationship (personal or business), so
all parties would benefit from and prefer an agreement which they determine for
themselves.
4. The distress of litigation is too great for any/all of the disputants.
5. The disputants' respective valuations of the claim differ greatly, indicating
that one (or all) would benefit from a meaningful exchange of information to better
understand the other's viewpoint.
6. All the parties would prefer a private resolution of the dispute to avoid embarrassment
and publicity.
7. All the parties would benefit from a prompt resolution, so they can return to
the real purposes of their lives and businesses.