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Global Arbitration And Mediation Service (GAMS) Provides Fair, Just, Simple, Quick And Effective Dispute Resolution

 

Frequently Asked Questions


In order to further assist the business community we are posting many of our most frequently asked questions and our answers:

ALTERNATE DISPUTE RESOLUTION

What is Alternate Dispute Resolution?
Alternate Dispute Resolution (ADR for short) refers to ways that conflict is resolved without going to court and litigating a lawsuit.

Is ADR the best way to resolve business disputes?
Yes. ADR is faster, cheaper and more private than litigation. The arbitration process is flexible and there are no "evidence rules" to prevent a party from telling its side of the story.

Is ADR more private than litigation?
Yes. ADR is a totally private forum for dispute resolution. The public is never allowed in the process and all parties are under a confidentiality agreement, which requires absolute discretion (under the GAMS Arbitration rules). There are no media allowed in the proceedings.

How do I know which ADR mechanism is best for my company?
Our web site has a wealth of information on the various ADr mechanisms (arbitration, mediation, mediation followed by arbitration etc.) We also have consultants who are able to discuss ADR with you and help you choose the mechanism best suited to your needs.

How much does ADR cost?
GAMS fees for services are shown on our current fee schedules GAMS Mediation Fees & GAMS Arbitration Fees. Our panel charges quite a bit less than the lawyers they are replacing.

Do I need a lawyer?
Not really. While the decision is yours, the GAMS rules and procedures have been developed to allow an absolute minimum of loopholes and our arbitrators in particular decide matters on the facts: not procedure and complicated legal rules. We developed the GAMS system to allow businesses to represent themselves in order to conserve their resources. Layers are allowed but not automatically necessary.

Why is a GAMS arbitrator/mediator better than a court judge to resolve my business dispute?

In a court of law you get a judge who was trained as a lawyer, there is no requirement that he/she know anything whatsoever about business. At GAMS we focus on choosing people who have the education and real world experience to effectively resolve business disputes. The GAMS ADR panel includes former judges, lawyers, accountants and business executives. We focus our recruitment on selecting knowledgeable people with proven judgment. We assign a business professional who understands business and the myriad of issues that arise in today’s complex business environment.


ARBITRATION

Is arbitration really better than litigation?
Arbitration is faster, cheaper and more private than litigation. The arbitration process is flexible and there are no "evidence rules" to prevent a party from telling its side of the story.

Is arbitration really cheaper than litigation?
Absolutely. At GAMS we have replaced the complex litigation system with a user friendly one which minimizes the need for hiring a lawyer. In litigation both sides employ at lease one lawyer who then bills them for all his time and costs. In large matters more than one lawyer is working on a party's case and the combined hourly rate can exceed $1,000.00 per hour. Additionally, GAMS arbitration is faster, which translates into reduced expense.

Is arbitration really faster than litigation?
Yes. At GAMS our arbitration rules have absolute deadlines and flexible but controlled extensions. Even with every extension and continuance used, a GAMS arbitration award will be rendered in less than 180 days.

How much does arbitration administered by GAMS cost?
Our current fee schedule is posted on our website GAMS Arbitration Fees. Our arbitrators charge much less that most trial lawyers and their involvement is strictly limited (by GAMS Rules) to keep arbitrator fees predictable and reasonable.

If I win the arbitration do I get my fees paid back by the loser?
Yes. The GAMS rules require the arbitrator to apportion the fees and costs incurred to the losing party.

How fast is GAMS administered arbitration?
Depending upon the extensions used by the party's GAMS arbitration can have an award issued in 120 days from filing. If every available extension is used then this time is 155 days. Our system does not allow the delay and gamesmanship of the judicial system. Fast, fair and cost effective are our guidewords.


MEDIATION

What is mediation?
Mediation is an ADR mechanism where the party's work with a person who acts as the mediator to reach an agreement on a dispute. The mediator uses the exchange of information and dialog to help the party's overcome the issues dividing them and agree upon a resolution. Unlike Arbitration mediation is not binding and the party's have total control over the process and end result.

How long does mediation take?
That is difficult to quantify. Obviously the party's have substantial disagreements or they would not need mediation. Our mediators are dedicated to helping all clients reach a mutually agreeable resolution to their business disputes and will spend whatever time it takes to facilitate a resolution that all party's can live with.

How much does GAMS mediation cost?
Our current fee schedule is posted on our website GAMS Mediation Fees. Our mediators charge much less than trial lawyers and their involvement in many cases eliminates the need for litigation, saving considerable time, legal fees and expenses.

Is mediation private?
Absolutely. Mediation is inherently confidential. In order to have GAMS administer mediation each party signs a confidentiality agreement. This provides stern penalties for any disclosure of information obtained through the mediation.

MEDIATION FOLLOWED BY ARBITRATION

What is mediation followed by arbitration?
Mediation followed by arbitration (also referred to as Med/Arb) is a combination of mediation and arbitration. The parties to the dispute submit the matter to mediation and after an agreed amount of time or a unbreakable deadlock the matter is converted to arbitration and an arbitrator decides the matter.

Why is mediation followed by arbitration good for my business?
Mediation followed by arbitration is a means which provides a total dispute resolution system, which means the expense, and delay of the judicial system is avoided entirely.




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