Privacy Policy
Last modified: February, 2021
Introduction
New Era ADR, Inc. (“New Era” “Company” “our” or “we”) respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.neweraadr.com and its affiliated links (collectively the “Website”), and when you interact with the Company through the Website, whether online, mobile, or through a third-party website link, as well as our practices for collecting, using, maintaining, protecting, and disclosing that information.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 18
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features/register on the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at contact@neweraadr.com.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other information the Website collects that is defined as personal or personally identifiable information under applicable law and any other identifier by which you may be contacted online or offline (“personal information”);
that relates to or is about you but does not individually identify you;
about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
Directly from you when you provide it to us through the Website.
Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
Information You Provide to Us. The information we collect on or through our Website may include:
Information that you provide by filling in forms on our Website, including your personal information. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of cases administered through our Website.
Your search queries on the Website.
Payment information through our payment portal.
We may use information provided through the Website to create case studies, data sets, and statistical or analytical modeling about litigation trends. Any such data would be anonymized and would not reflect or divulge personal information or any specific information provided by the user(s), but may be otherwise used for any purpose by the Company.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”) such as reviews, comments or testimonials. Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions.
Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including traffic data, location data, and other communication data and the resources that you use to access and use the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
We do not currently, but may in the future use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Contact us at contact@neweraadr.com if you would like to opt out of behavioral tracking on the Website.
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically other than IP address, but we may associate the information automatically collected to personal information about you that we collect from other sources or you provide to us.
Third-Party Use of Cookies and Other Tracking Technologies.
Some content or applications, including advertisements, on the Website may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see the “Choices About How We Use and Disclose Your Information” section of this privacy policy.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To provide you with notices about your account.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Website.
For data gathering and statistical analysis of litigation trends and insights.
To present case studies provided such information is presented in anonymized form and otherwise in compliance with this Privacy Policy.
For any other purpose with your consent.
We may also use your information to contact you about our own goods and services that may be of interest to you. If you do not want us to use your information in this way, please let us know at contact@neweraadr.com.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of New Era ADR’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by New Era ADR about our Website users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of New Era ADR, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.
Promotional Offers from the Company. If you do not wish to have your email address or contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to contact@neweraadr.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
Accessing and Correcting Your Information
You can review and change your personal information by logging into your account through the Website and visiting your account profile page.
You may also send us an email at contact@neweraadr.com to request access to, correct or delete any personal information that you have provided to us. We may not be able to delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@neweraadr.com.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology through our third party payment processor.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at: contact@neweraadr.com
Website Terms of Use - Jump to Rules and Procedures
Last Modified: February, 2021
Acceptance of the Terms of Use
These terms of use are entered into by and between You and New Era ADR, Inc. (“New Era”, “Company”, “we” or “us”). The following terms and conditions (the “Terms of Use”), govern your access to and use of www.neweraadr.com, including any content, functionality and services offered on or through www.neweraadr.com (the “Website”) and its alternative dispute resolution platform (the “Platform”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE WEBSITE.
The Website is offered and only available to users who are 18 years of age or older and reside in the United States or any of its territories. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check these Terms of Use frequently so you are aware of any changes, as they are binding on you.
Binding Agreement to Resolve Disputes
Company provides a digital dispute resolution platform that expedites the dispute resolution process through the use of technology and streamlined rules and procedures. By using the Website and its platform, you acknowledge that you will forego the presentation of certain evidence which might otherwise be available for presentation in a federal or state judicial forum or through other alternative dispute resolution services. It is, however, necessary that you acknowledge and agree, and you hereby do acknowledge and agree, that a more efficient and expedient process is your voluntary choice and you agree to be bound by any decision issued by the Company’s arbitrators and mediators (the “Neutrals”). Accordingly:
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY ANY DECISION ENTERED FOR OR AGAINST YOU BY THE COMPANY’S NEUTRALS. BY PARTICIPATING, YOU ASSENT AND AGREE THAT THE COMPANY AND ITS WEBSITE, THE ASSOCIATED ADR PLATFORM, AND ANY PROCEDURES PUBLISHED BY THE COMPANY, SATISFY ANY AND ALL DUE PROCESS REQUIREMENTS AND HEREBY WAIVE ANY CHALLENGE TO THE SAME. BY USING THE WEBSITE AND THE ASSOCIATED PLATFORM, YOU HEREBY AGREE TO WAIVE ANY CHALLENGES TO THE ENFORCEABILITY OF THE DECISION ISSUED BY THE COMPANY’S NEUTRALS, REGARDLESS OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE WEBSITE OR ITS PLATFORM.
Off-Platform Actions
You agree to not move any portion of your dispute off Platform for purposes of fee avoidance. You acknowledge that Company will charge its fees before commencement of any substantive portion of your dispute and that the full fee is earned upon intake of your case. You acknowledge and agree that Company’s fees are an accurate measure of damages should you move any portion of your dispute off-platform and that no refunds will be offered under any circumstances.
To the extent a neutral facilitates the movement of any portion of a dispute off-platform for the purpose of fee avoidance, the neutral will forfeit any fees due and owing and the full Platform fee will be deemed property of Company.
Neutrals
New Era partners with third party neutrals for both its arbitration and mediation products. Neutrals are independent, are not employees of the Company, and do not receive additional remuneration or compensation outside of their regular fees and expenses from the Company for presiding over cases. Neutrals do not solicit cases from the Company and act solely as unbiased arbiters in deciding cases submitted to us. The Company will integrate with the neutrals and handle the assignment and calendaring functions of your case. The Company also acts as a clearinghouse for neutrals’ fees and expenses. You acknowledge and agree that you are responsible for payment of the fees of the assigned neutral as well as any associated Company platform fees and agree to pay the same.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, at our sole discretion without notice. We will endeavor to ensure that website access does not impact your case or any applicable deadlines, but we make no representations or warranties regarding the same. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information, including your personal information, you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password or other security information. You agree that you are responsible for any filings made through your account or otherwise under your name on the Website. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to exit and log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website in connection with our dispute resolution process only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any personal or other commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The Company name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all use of Website or Platform. You must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you must not write, upload, or file anything on the Website that:
Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you do so repeatedly on the Website, you will be removed as a user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please contact the Company at contact@new eraadr.com.
Reliance on Information Posted
The information presented by the Company on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website includes content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice and in our sole discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the state of Illinois in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and you are solely responsible for compliance with all applicable and local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
FOR DAMAGES NOT COVERED BY THE AFOREMENTIONED LIMITATION, IN NO EVENT WILL THE COMPANY BE LIABLE FOR AGGREGATE DAMAGES IN EXCESS OF THE FEES PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE MOST RECENT EVENT THAT GAVE RISE TO YOUR CLAIM(S).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or Platform, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website, the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Arbitration and Class Action Waiver
You are required to submit any disputes arising from or related to these Terms of Use, the Platform or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration by the Judicial Arbiter Group (JAG) in Denver, CO.
You agree to arbitrate solely on an individual basis; these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. JAG may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding JAG's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, JAG has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, YOU HEREBY DISCLAIM AND WAIVE SUCH CAUSE OF ACTION OR CLAIM AND SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use our Privacy Policy constitute the sole and entire agreement between you and New Era ADR with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
The website is operated by New Era ADR.
All notices of copyright infringement claims should be sent to the copyright agent contact@neweraadr.com.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: contact@neweraadr.com.
About New Era ADR
New Era ADR, Inc. (“New Era ADR”) is a digital alternative dispute resolution (ADR) platform that allows you to resolve your disputes remotely, virtually, and securely. We’re a faster, more efficient, less expensive, technology-enabled alternative to courts or traditional ADR forums. The Rules and Procedures contained herein apply to New Era’s e-arbitration and virtual mediation platforms.
Standard Contractual Clauses
All of our standard contractual clauses can be found on the site.
Fee Schedule
The parties may agree that one party pays all the fees in the case. This is common for employer/employee disputes. Otherwise, fees are split between the parties. These fees are inclusive of neutral fees. The standard fee schedule is. New Era ADR reserves the right to supplement or amend the fee schedule for services, as necessary.
|
Category |
Non-Subscribers |
Subscribers |
|
e-arbitration |
$35,000 |
$20,000 |
|
Virtual Mediation |
$5000 |
TBD |
|
Virtual Mediation with Binding Decision |
$8000 |
TBD |
|
Reasoned Decision |
$3000 |
TBD |
All New Era ADR arbitrations are deemed to take place in the location of the neutral. Parties are not entitled to forum selection and may have limited input into neutral selection, at New Era’s sole discretion.
New Era ADR-affiliated arbitrators are neutral and independent decision makers. They are not employees of New Era ADR and are not compensated by New Era ADR. All hourly fees are passed through from New Era ADR to the arbitrators.
The party who initiates the arbitration is called the claimant. The other party is called the respondent. There are two different ways for a claimant to initiate an New Era ADR arbitration.
If the parties have a written agreement that contains an New Era ADR arbitration clause, and a dispute arises out of that agreement:
If the parties do not have a prior written agreement that contains the New Era ARD arbitration clause:
Accuracy. It is the responsibility of the submitting party to ensure the accuracy of all information submitted. The submitting party assumes liability for any damages incurred by New Era ADR, its agents, partners or affiliates, resulting from the submission of knowingly false information. The Parties agree that the parties to the arbitration will be the legal entities with which business was done, if one exists, regardless of the names and contact information the parties submit during sign-up. If a proper legal entity does not exist, or the work was contracted only with an individual, then the named individual will be party to the arbitration.
Response. After a claim is served upon the other side via electronic service, the served party will have 7 days to sign up and submit their information. If a party that is obligated to arbitrate in accordance with a pre-dispute arbitration clause fails to agree to participate in the arbitration process within that time, New Era ADR shall confirm in writing (via electronic mail to the address provided by the Claimant) that party's failure to respond or participate, and the arbitrator, once appointed, shall move forward with arbitration proceedings and may issue a default judgment against the non-responsive party.
Contesting Jurisdiction. A party that believes an arbitration clause was invoked by another party in error for any reason has 7 days from notice of the arbitration to notify New Era ADR and request the arbitration be paused for up to 7 days while New Era ADR brings this to the other party's attention and provides both sides with an opportunity to discuss whether they in fact have a valid pre-dispute arbitration clause mandating arbitration through New Era ADR. The assigned neutral, and not New Era ADR itself, shall have discretion to make a decision on the enforceability of pre-dispute arbitration clauses.
Electronic Service. The parties consent to electronic service of process, with service to be made to the email address provided or otherwise referenced in their New Era ADR arbitration clause, or the relevant agreement containing a New Era ADR arbitration clause. If no email address is provided for in the agreement, the parties consent to electronic service at the last known email address one party had for the other party, as well as any publicly accessible email address.
If the parties do not have a written agreement that contains an New Era ADR arbitration clause, then a potential claimant may invite a potential respondent to resolve an existing dispute using New Era ADR.
The potential claimant must send the invitation through the New Era ADR website: www.New Era ADR.com or through a link provided by a third party. If the potential respondent accepts the invitation within 3-5 calendar days, then New Era ADR will begin the arbitration process.
The Parties consent to electronic service of process, with service to be made to the email address provided in their initial submissions. Once both parties sign up and agree to use New Era ADR, that agreement is binding on both parties and can only be revoked with consent from both sides. Fees are not refundable in the event of such withdrawal.
If required, after the claimant files a claim, or after the respondent agrees to arbitrate, New Era ADR will ask each party to pay the requisite platform and arbitrator fees. A party may, at its sole discretion and with notification to New Era ADR, pay the other side’s fee, and a third party may agree to pay both parties’ fees. If a party elects to pay the fee for the non-paying party, the arbitrator, at his/her/they sole discretion, may or may not award those fees to the paying party, in addition to any amount awarded for the dispute itself, should the paying party prevail. In general, either party or a third party to a dispute may pay the other party’s fee or both parties’ fees unless a non-paying party objects.
New Era ADR may in its sole discretion pause or refuse to hear any arbitration in which payment is still due. No arbitration or mediation decision will be provided to the parties until all fees are paid.
Once both parties have agreed to arbitrate (or once an arbitration clause is invoked) and fees have been paid (where applicable), New Era ADR will assign an arbitrator and notify the parties of the arbitrator assigned to their dispute. New Era ADR will endeavor to assign an arbitrator with expertise and experience in the type of dispute at issue. Arbitrator assignments are final barring any conflict of interest or other ethical consideration which may impact the arbitrator's ability to properly hear your case. Should you have a concern with your assigned arbitrator you must bring that to New Era ADR's attention within 72 hours of your arbitrator assignment and the New Era ADR team will then have discretion to decide whether or not you will be assigned a new arbitrator. Notwithstanding the foregoing, New Era ADR may re-assign your arbitrator at their discretion any time prior to your hearing at no additional charge and will, in such cases, provide notice to both parties.
If a party wishes to bring a counterclaim against another party (which is generally a claim against the claimant based on the same basic facts or incident at question in the Claimant’s claim), that party must (1) reference that counterclaim in their response or (2) raise it at the first hearing, if applicable. If a party does not bring a counterclaim within this process, that party may lose the right to raise that counterclaim in other arbitral proceedings.
The arbitrator may decide that document-only arbitration is sufficient. This decision rests solely with the arbitrator and cannot be appealed. Both sides shall have the opportunity to upload evidence, provide witness statements, respond to the other side’s evidence, and answer written questions asked by the assigned arbitrator via the New Era ADR dispute resolution platform. The deadlines for these items will be set out in notices provided to the parties. The parties will be able to review and respond to the other party's uploads and answers as outlined in notices provided to the parties. Following arbitrator review and questioning, the assigned New Era ADR arbitrator will issue a decision.
After an arbitrator is selected, that arbitrator will propose hearing times or set other deadlines. Electronic notice of these will be provided including the date and time of the hearing and instructions on how to attend the hearing via video or telephone. This notice may, in some cases, be sent less than 7 calendar days before any hearing. The arbitrator may consider the parties preferences when scheduling a hearing. However, hearing times are not guaranteed to match submitted preferences.
As a general matter, most New Era ADR hearings are conducted during normal business hours Monday through Friday. However, your arbitrator may schedule a hearing outside of normal business hours subject to arbitrator availability and party preferences.
All communications related to the arbitration process shall be made to and from New Era ADR directly or via the New Era ADR platform, and no other communications will be considered valid either for the arbitration or any subsequent disputes.
Each party will have one opportunity to reschedule the hearing only with a showing of a documented medical, family or other serious emergency. Requests for rescheduling must be sent to your arbitrator no less than 72 hours before the scheduled hearing time.
Subsequent requests, or requests received less than 72 hours before the scheduled hearing start time, may not be honored. Your arbitrator, at their sole discretion, may reschedule hearings and/or extend other deadlines. Any extensions, rescheduling, or other deadline modifications shall apply to both parties in a given dispute. You may not make motions to extend deadlines.
No formal discovery may be conducted on the New Era ADR platform. Your arbitrator will make requests for any evidence not yet provided and is solely responsible for controlling the flow of documents and information. You may make requests to your arbitrator for information from the opposing party that you feel is necessary for your case. The arbitrator will rule on such requests and may order either side to produce evidence. Any refusal to produce such evidence may result in a default judgment being issued against you. You may not make motions for discovery.
If a party has documentary evidence that it would like the arbitrator to consider, it must upload the evidence to the secure online platform provided by New Era ADR. The arbitrator has discretion with regards to what evidence he/she/they considers and in how to interpret and weigh such evidence, whether documentary or otherwise.
The parties are each allowed to upload a maximum of 30 pieces of evidence for each arbitration which may include pictures, video, contracts and documents. Documents shall not exceed 50 pages total in the aggregate. Should a party exceed these limits the arbitrator shall have discretion to limit his or her review to 30 pieces of evidence total and 50 pages total for that party, based on that factor alone. However, the parties may still raise any key points at hearing or in discussion, and request that the arbitrator review specific pieces of evidence.
New Era ADR will set a deadline for the parties to upload all of their documentary evidence, and the parties will receive reasonable notice of that deadline via electronic mail after the arbitration process begins. If a party has technical difficulties uploading evidence, it should contact New Era ADR immediately.
After the evidence upload deadline has passed, New Era ADR will give the arbitrator and both parties "view-only" access to all of the documentary evidence. Each party agrees not to take screenshots, save, or distribute in any way the other party’s documentary evidence.
The arbitrator may at his/her/they sole discretion request documentary evidence. If such evidence is requested, the party from whom evidence is requested will have 4 business days to upload such evidence, and the other side will then have 4 business days to respond to any uploaded evidence. Post hearing evidence shall be allowed only at the arbitrator’s discretion and not as a matter of course. Should the arbitrator request post hearing evidence, the arbitrator still has discretion with regards to whether and how to consider the evidence submitted after the hearing, as with any other submitted evidence.
If a party believes that a non-party has documentary evidence relevant to the dispute, it may request a subpoena duces tecum from the arbitrator. The arbitrator must issue, as a matter of course, signed but otherwise blank subpoenas to the party requesting them in a form determined at the arbitrator’s discretion. The party serving the subpoena must fill it in before service. Subpoenas must be served and enforced in accordance with the state of the witness.
If the Parties agree to settle their matter prior to the arbitrator's Service of Award, whether that settlement is agreed upon via mediation, or independently, the Parties must enter that settlement via the New Era ADR platform or notify New Era ADR of such prior to the arbitrator's Service of Award.
Any settlement agreed to by the parties must be fulfilled within 14 days unless the parties agree otherwise.
The arbitrator retains jurisdiction over the parties' dispute unless and until the parties fulfill the obligations of their settlement on time, whether such settlement is made during, before or after a hearing, and may make an award determination at any time which displaces the settlement unless and until such obligations are fulfilled, for up to one year from the date of entry or notification of settlement.
New Era ADR is still entitled to full payment of its fees regardless of the settlement.
If a party believes that a witness’s testimony is relevant to the dispute, the party should ask that witness to attend the hearing. It is the sole responsibility of the party producing a witness to ensure that witness is available promptly at the hearing time.
If the witness would like to testify but is not available during the scheduled hearing time, the party may instead upload a video of the witness as documentary evidence.
If the witness will not agree to attend the hearing or make a video, the party may request a subpoena requiring the witness’s attendance at the hearing from the arbitrator. The arbitrator may issue, as a matter of course, signed but otherwise blank subpoenas to the party requesting them. The party serving the subpoena must fill it in before service. Subpoenas must be served and enforced in accordance with the state of the witness. If a party would like to make this request it must notify New Era ADR within 14 days of initial sign up and New Era ADR will facilitate the request with your arbitrator under the same process described above for other subpoenas.
Each party may have a maximum of 2 witnesses at their Hearing, unless their arbitrator or New Era ADR allows for additional witnesses.
Each party is entitled to be heard but the rules of evidence and rules of judicial procedure need not be observed. The arbitrator has discretion with regards to the length of a hearing, time allotted to each party or witness to make statements during a hearing, and in how to interpret and weigh such statements made during a hearing.
In the event a party does not appear at a scheduled hearing, the hearing will be conducted in its absence. The non-showing party will be given the opportunity to submit to New Era ADR, within 4 days of the scheduled hearing start time, a written, audio or video statement for the arbitrator’s consideration. If a statement is submitted, the showing party will then have 4 days to respond to that statement. However, the arbitrator has discretion on whether and how to consider such evidence.
In the event neither party appears at a scheduled hearing, both parties will have 4 days from the scheduled hearing start time to submit a supplemental statement to be considered by the arbitrator before a decision is made, which will be considered at the arbitrator’s discretion. In such cases, both parties will have 48 hours to respond to the other side’s submitted statement.
New Era ADR hearings may be recorded.
The testimony of witnesses and parties will be given under oath and penalty of perjury. The arbitrator has the power to administer oaths.
The Parties will not offer as evidence, and the arbitrator shall neither admit into the record nor consider, prior settlement offers by the Parties or statements or recommendations made by a mediator or other person in connection with efforts to resolve the dispute being arbitrated, except to the extent that applicable law permits the admission of such evidence.
All communications, negotiations, or settlement discussions by and between the participants and/or arbitrator in the arbitration shall remain confidential. Evidence of anything said or any admissions made in the course of the arbitration shall not be admissible in evidence or subject to discovery, and disclosure of that evidence cannot be compelled in any civil action or proceeding in which testimony can be compelled to be given.
Notwithstanding the foregoing, New Era ADR may share all case details with a referring third party who pays for the parties' arbitration and may also share a copy of the final award and any post-dispute agreement to arbitrate with any party to the party, and as required by law with a Court or government agency with jurisdiction.
If a witness (who is not an agent, officer or employee of a party) appears at the hearing pursuant to subpoena, the party who subpoenaed the witness may pay him/her/them a fee depending on applicable law. If the arbitrator subpoenaed the witness, then New Era ADR will pay the witness and invoice each party for half of the fee.
If a subpoenaed witness must travel in order to have access to the technology required to attend the hearing via video or phone, then he or she will also be paid for mileage actually traveled, both ways, at $0.20 per mile.
Hearings are private and confidential between the parties of a dispute. As such, only parties, witnesses, translators, experts, and any other person having a direct interest in the arbitration may attend a hearing. Your arbitrator may, in his/her/their sole discretion, determine whether a witness, translator or any other person with a direct interest in the arbitration may be permitted to attend a New Era ADR hearing.
All witnesses must have direct knowledge of the facts and situation in dispute.
Parties may settle their dispute during a hearing and the arbitrator may facilitate such a settlement in any manner the arbitrator sees fit. In order for that settlement to be finalized, the parties must enter the terms of their settlement into the New Era ADR platform and agree to be bound by that settlement within 4 days of their hearing.
The arbitrator may make an award determination if the settlement agreed upon during the hearing is not formalized as such.
The arbitrator retains jurisdiction over the parties' dispute unless and until the parties fulfill the obligations of their settlement, whether such settlement is made during, before or after a hearing, and may make an award determination at any time which displaces the settlement unless and until such obligations are fulfilled, for up to one year from the date of entry or notification of settlement.
New Era ADR is still entitled to full payment of its fees regardless of the settlement.
Should any party violate hearing rules or procedures and/or engage in offensive conduct or any other conduct not conducive to a respectful and productive exchange, that party may, at the arbitrator's discretion or New Era ADR's discretion, be disallowed from further participating in the hearing. In such a case that party would still be given an opportunity to submit testimony via audio, video, or written statement within 4 days following the hearing, and may also be given an opportunity to answer arbitrator questions digitally via written text if applicable. However, the arbitrator has discretion on whether and how to consider such evidence.
If requested by the arbitrator, the parties may submit evidence within 4 days of the start of their hearing. When a party submits post-hearing evidence the other party has 48 hours following the initial 4 day evidence timeframe to submit a statement responding to that evidence. Post hearing evidence shall be allowed only at the arbitrator’s discretion and not as a matter of course. Should the arbitrator request post hearing evidence, the arbitrator still has discretion with regards to whether and how to consider the evidence submitted after the hearing, as with any other submitted evidence.
The arbitrator’s award will be emailed to both parties within approximately 8 calendar days after the hearing. New Era ADR retains discretion to extend that timeline if necessary under the circumstances. Unless otherwise requested and approved by the arbitrator, the decision will be a non-reasoned decision without further comment. A reasoned decision will incur additional fees in the amount of $3000.
In determining the merits of the dispute, the arbitrator shall be guided by the rules of law agreed upon by the Parties. In the absence of such agreement, the arbitrator will be guided by the law or the rules of law that he or she deems to be most appropriate. The arbitrator may grant any remedy or relief that is just and equitable and within the scope of the Parties' agreement.
If the award requires one party to pay the other party money, then the owing party must pay the amount owed on or before the 14th calendar day after the award was served on the parties unless otherwise noted in the award or arbitration agreement. Payment must be made via electronic payment, or certified check / money order sent via a trackable method of shipping.
The arbitrator may also award pre and post-award interest and/or other expenses and fees at his/her/their discretion. If post- award interest is awarded, it shall compound annually, and begin accruing 30 calendar days after the award date. If both parties agree, they may enter into an extended payment plan that foregoes interest.
Settlement offers made using the New Era ADR platform are binding once accepted by the offeree. All aspects and terms of the settlement must be included, and are binding and enforceable. If a dispute arises between the parties on whether they made a valid settlement, the parties may ask the arbitrator to make a ruling on that point as part of the award and may, in that instance, disclose related settlement details to the arbitrator.
New Era ADR does not facilitate or process the payment of awards.
If the owing party fails to pay the amount owed within the longer of 14 days or the deadline noted in the award or arbitration agreement, then the prevailing party may file a petition to confirm the award in any court having jurisdiction. In the event of confirmation and enforcement of an award, the delinquent party will be responsible for any attorney, court or other fees associated with such action.
The purpose of filing a petition to confirm the award is to obtain a judgment from the court, which will allow the prevailing party to collect money from the judgment debtor without the judgment debtor’s cooperation.
The prevailing party should consult with their own independent counsel in determining the appropriate court for enforcement of the decision.
Proceedings to enforce, confirm, modify or vacate the award will be controlled by and conducted in conformity with the Federal Arbitration Act, 9 U.S.C. Sec 1, et seq., or applicable state law.
Within seven (7) calendar days after service of an New Era ADR award, any party may serve upon New Era ADR and the other party a request that the arbitrator correct any computational, typographical or other similar error(s) in an award. Alternatively, the arbitrator or New Era ADR may sua sponte propose to correct such errors in an award within fourteen (14) calendar days of service of an New Era ADR award. In either case, a party opposing such correction shall have seven (7) calendar days thereafter in which to file any response to the requested or proposed correction. The arbitrator may then make any necessary and appropriate corrections to the award within seven (7) calendar days of receiving the opposing party’s response. The arbitrator may extend the time within which to make corrections upon good cause. The corrected award shall be served upon the parties in the same manner as the award.
Furthermore, your arbitrator has discretion to make a substantive correction of your award sua sponte within seven (7) calendar days of service of your award.
If a party files a petition in court (whether to confirm, correct or vacate the award), it must send a copy of the petition and the notice of hearing to the other party and to New Era ADR, using the email addresses that were used at the time of the hearing.
(a) New Era ADR and the arbitrator shall maintain the confidential nature of the arbitration proceeding and the award, including the Hearing, except as necessary in connection with a judicial challenge to or enforcement of an award, or unless otherwise required by law or judicial decision.
(b) The arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets or other sensitive information.
(c) The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities. This confidentiality clause does not apply to facts, communication, documentation or other information received or gathered outside of the New Era ADR dispute resolution process.
Once both parties have agreed to mediate (or once a mediation clause is invoked) and fees have been paid, New Era ADR will assign a mediator and notify the parties of the mediator assigned to their dispute. New Era ADR will endeavor to assign a mediator with expertise and experience in the type of dispute at issue. Mediator assignments are final barring any conflict of interest or other ethical consideration which may impact the mediator's ability to properly hear your case. Should you have a concern with your assigned mediator you must bring that to New Era ADR's attention within 72 hours of your mediator assignment and the New Era ADR team will then have discretion to decide whether or not you will be assigned a new mediator. Notwithstanding the foregoing, New Era ADR may re-assign your mediator at their discretion any time prior to your hearing at no additional charge and will, in such cases, provide notice to both parties.
Your mediation will be conducted through the New Era ADR mediation platform. Please note, you will be asked to make a decision at the outset of your mediation: (a) whether you would like to do a standard virtual mediation; or (b) whether you would like to do a mediation with a binding resolution at the end if no settlement is reached. Both parties must agree on the type of mediation or the default will be a virtual mediation. Pricing differs based on the type of mediation. Prices are listed above in the Fee Schedule.
The New Era ADR Platform will guide you through the mediation process. First, you will be required to sign up and provide some basic information about you, your attorneys and your case. You will then upload the pertinent documents to the platform as well as your mediation statement. You will have a 30 minute pre-mediation conference with the mediator which will be scheduled through the platform. You will then schedule the actual mediation. If you reach a resolution through the virtual mediation process, your mediator will provide you with bullet points outlining the settlement terms that you can e-sign. The New Era ADR Platform will guide you through this process step-by-step.
If you choose the mediation process with a binding resolution and no settlement is reached through the virtual mediation, you will then be directed to a new series of steps. Please note that when a virtual mediation converts to a binding resolution process, the following rules apply: (a) the binding resolution process may only begin once the mediation part of the process is completed without the parties reaching a settlement; (b) the parties therefore acknowledge and agree that: (i) All documents (other than the mediation statements) uploaded to the platform shall be disclosed to the opposing party. (ii) The person who served as mediator will no longer be working as a mediator for this dispute; instead, s/he/they shall serve as the decision maker in the binding resolution process and shall make a binding decision as to the parties’ dispute; (iii) the extent that the mediator who will be serving as the decision maker in the binding resolution process may be deemed to have a potential conflict of interest as a result of his/her prior service as a mediator of this dispute, the parties waive such potential conflict of interest; (iv) To the extent that the mediator who will be serving as the decision maker in the binding resolution process may learn confidential i
