Comprehensive Adjudication can be explored as a viable alternative to public court litigation by following some simple steps:
- AUTHORIZATION: CASES will contact all parties to determine whether everyone is interested in considering a Comprehensive Adjudication.
- SCOPE: To determine the scope of the dispute, each party will respond to some standard written questions to identify the asserted claims and defenses. They also will be asked to identify the types of documents and other evidence that should be obtained for review by the Adjudicator as well as the witnesses who should be examined under oath.
- ADJUDICATOR CANDIDATES: CASES will then identify potential neutral Adjudicator candidates who are prominent attorneys with specific expertise in the subject matter of the dispute and are skilled at thoroughly investigating the underlying law and facts. Each candidate will provide a proposed timeline for deciding the dispute and a budget that caps the total fees for the Adjudication team.
- INTERVIEWING CANDIDATES: The resumes for all of the Adjudicator candidates will be presented to the parties together with each candidate’s proposed timeline and budget. CASES will arrange for joint interviews of the Adjudicator candidates to further explore their qualifications, diligence, neutrality and experience. No party will be permitted to separately communicate with any candidate.
- AGREEMENT: If all parties agree upon one of the Adjudicator candidates, the parties will sign a standard Comprehensive Adjudication Agreement that requires them to suspend all further efforts to litigate their dispute in the public courts or a traditional arbitration — and resolve the dispute, instead, under the Intelligent Justice Adjudication Rules and Procedures.
- CONDUCTING THE ADJUDICATION: The Adjudication will then commence immediately. The Adjudicator will zealously investigate all legal authority and facts supporting the claims asserted by the claimant and will just as zealously investigate all legal authority and facts supporting the defenses asserted by the respondent. Documents and other relevant evidence will be obtained by voluntary disclosure or, if necessary, by subpoena. Relevant witnesses will be examined under oath. The investigation of the relevant law and facts will be conducted entirely by the Adjudicator team. There is no need for the parties to retain separate counsel, although their attorneys may monitor the process and separately pursue settlement negotiations, if that is desired.
- STATUS CONFERENCES: CASES will oversee regular joint status conferences between the parties and the Adjudicator to ensure that the Adjudication is progressing in accordance with the Adjudicator’s proposed timeline. The Adjudicator’s capped total fees will be split evenly between the parties and will be paid in advance, via established monthly installments.
- DECIDING THE DISPUTE: At the conclusion of the investigation, the Adjudicator will prepare a document identifying all of the evidence believed to be material to the Adjudicator’s ultimate decision. The parties will then have 30 days to explore a possible settlement before the Adjudicator decides the question of liability. If liability is found, the parties will have another 30 days to explore settlement before the Adjudicator decides the question of damages and other remedies. Together, the Adjudicator’s written findings will constitute a decision that can be confirmed promptly as a formal judgment in a court of law under the Federal Arbitration Act.