Neutral Assisted Negotiation
Some disputes can be resolved through negotiation without the need for mediation or arbitration.
Pax’s online dispute resolution (ODR) platform provides parties and/or their attorneys with a unique, private, and secure method of negotiating coupled with the oversight and assistance of an experienced neutral. Pax’s negotiation system is particularly useful for cases in which few issues are in dispute. For instance, this service is well-suited for two-party cases in which the parties might agree that one side owes the other compensation but disagree regarding the amount of compensation owed. In the event the parties are not able to reach an agreement through negotiation, they can elect to continue down the path to resolution through mediation, arbitration, or a combination of the two (med-arb or arb-med).
This service is not appropriate for complex, multi-party, or multi-issue disputes. Pax recommends proceeding directly to mediation or arbitration of those cases.
How Does It Work?
Each party to a case pays a fee to register the case within the online dispute resolution (ODR) platform. The parties submit a short description of the issue(s) they would like to resolve and begin by engaging in the exchange of offers to compromise. Some offers are exchanged directly with the other side and others are revealed only to the neutral (blind-bidding). After a specified number of negotiation “rounds” within a specified amount of time, if “bids” overlap, the case will be resolved. The neutral will notify the parties of the settlement point. If the “bids” do not overlap, the neutral can employ negotiation techniques to explore whether further negotiation might result in resolution and make a recommendation to the parties in that regard. If the case is not settled through this bargaining process, the parties can elect to continue with either mediation, arbitration, or a combination of the two (med-arb or arb-med). Either party can choose to terminate the negotiation process at any time.
Results in Binding Agreement
If the parties are not represented by counsel and would like assistance in drafting a binding settlement agreement, Pax can provide the parties with a written agreement and obtain the parties’ signatures for a reduced hourly fee.
How Do I Get Started?
Neutral-assisted negotiation can be requested through the calendar link https://www.nadn.org/brandy-carestia , by calling (406) 304-4785, or by emailing info@paxdrs.com. Please include the names of each party, names of attorneys involved, brief description of the type of case, whether it has been filed in court (including cause number if it has) and in what jurisdiction. You will then receive a confirmation and further instructions if the process is acceptable to all parties and the neutral has no conflict.