Alternative Dispute Resolution (ADR)

Arbitration is a traditional method for resolving legal disputes out-of-court. It is simpler, faster and less expensive than litigation. In arbitration, a tribunal comprised of one or more arbitrators (impartial, neutral third-persons) hears both sides and renders a decision to resolve the case. Arbitration has been successfully used by consumers, businesses, governmental agencies—even the courts—as an alternative to litigation. Arbitration is recommended where confidentiality must be preserved, where the parties wish to avoid the time, expense and publicity of a court trial, and where specialized expertise of the tribunal will assist the parties in resolving their dispute. Arbitration may be contractually agreed by the parties in advance of the dispute, ordered by a court in a pending lawsuit, or initiated voluntarily after the dispute has arisen. Arbitration is seen as a more effective means to resolve disputes than litigation, not least because it is confidential in nature and much more informal than courtroom proceedings. Arbitration is particularly useful in technical cases, or those involving specialized knowledge, such as commercial aviation disputes. Most importantly, parties can choose their own arbitrator—unlike the court system, where judges are assigned to the case. In arbitration the parties choose a decision maker who has experience in the subject matter of the dispute. In contrast to courtroom proceedings, in arbitration the parties can agree on the location and schedule for the hearing, the manner of obtaining and using evidence, the use of live testimony or declarations, the confidentiality of proprietary information, the identity and number of arbitrators, and the scope of issues to be arbitrated. The arbitral tribunal’s decision can be final (binding) or not final (non-binding), depending on the rules of the arbitration, which are usually set in advance by the parties themselves, by the court, or by law or contract. The arbitral tribunal may spell out in writing the reasons for a particular decision, but often it gives only the decision. That decision, if properly filed with a court, can have the same weight and effect as a formal court judgment.

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The Aviation Arbitration Association is the administrator of the arbitration process. Our case managers facilitate the arbitration process according to the agreed rules. We provide the parties with suggested arbitrators, coordinate the selection process, and keep the case moving along. We answer the parties’ procedural questions, coordinate information flow between the parties and the arbitrators, and arrange hearings. The Aviation Arbitration Association has designed its arbitration process to be prompt, fair and efficient. Aviation Arbitration Association arbitration uses simple filing documents, clear and few rules, easily scheduled hearings, promptly issued awards. Aviation Arbitration Association arbitration can be conducted on an expedited basis using time limitations appropriate to the type of case and amount in controversy.The Aviation Arbitration Association arbitration process serves the aviation community’s need for specialized alternative dispute resolution services, conducted fairly, efficiently and promptly.

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Mediation is an alternative dispute resolution process involving a meeting between the parties, their representatives and a mediator to discuss settlement. A mediator is an impartial, neutral third person who helps the parties settle their dispute amicably, without litigation. Importantly, the mediator is not a judge and has no power to decide the case. Mediation leaves the power to settle entirely with the parties. Each mediator has his or her own style. Many mediators alter their approach to fit the needs of a given dispute. At the beginning, the mediator typically may seek agreement from the parties to forbear from litigation during the mediation process. The mediation process typically starts with a joint meeting with all parties to discuss the case, define the issues and explore the views of the parties. This is followed by separate and joint meetings with the parties as appropriate. Evaluative mediators rely on experience and substantive knowledge to predict possible outcomes were the matter to be decided in court, in order to help the parties achieve settlement. Facilitative mediators examine the interests of the parties and rely on persuasion to guide the parties to a settlement agreement. In either case, the mediator does not decide what would be a fair settlement, but instead leaves that to the parties. The mediator may listen to each side’s settlement position confidentially to see if there is overlap creating a zone for possible settlement. The mediator may then reveal whether it appears or does not appear the parties are within a range where settlement is possible. In all forms of mediation, the goal is for the parties to reach a settlement agreement. Mediation is highly recommended where the parties have an ongoing relationship to maintain as it is a conciliatory process, unlike litigation.

The Aviation Arbitration Association is the administrator of the mediation process. Our role is to make sure the mediation process moves promptly according to the agreed rules. We provide the parties with suggested mediators, coordinate the selection process, and keep the case moving along. We answer the parties’ procedural questions and make arrangements for the mediation. The Aviation Arbitration Association has designed its mediation process to be prompt, fair and efficient. MAA mediation uses simple filing documents, clear and few rules, and easy scheduling. Aviation Arbitration Association mediation can be conducted on an expedited basis using time limitations appropriate to the type of case and amount in controversy. The Aviation Arbitration Association arbitration process serves the aviation community’s need for specialized alternative dispute resolution services, conducted fairly, efficiently and promptly.

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