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ADR FEEDBACK
tracking results ~ demonstrating value

Information about the factors that lead to success in ADR, or inhibit successful outcomes, is a valuable resource for all parties to any dispute. Your assistance in providing information on each of your cases helps us build a resource bank for continuous improvement of ADR practice in Canada.

Our resource bank will provide information on success factors in the use of ADR and the working styles of ADR professionals. With this knowledge, we can help you select the people and services you need to make your ADR experiences positive and successful.

Please answer the following questions about your dispute.

Note: Part 2: ADR Lawyer Assessment is to be completed if you used a lawyer as legal counsel, not as the neutral arbitrator or mediator for the dispute.

When you have completed the ADR Professional Feedback form, please use the "Submit" button on the bottom of the form and it will get us.

The Canadian Foundation for Dispute Resolution
12075, 237 Fourth Avenue S.W., Calgary, Alberta T2P 0H6

IMPORTANT NOTICE:

The information you provide on each of your cases will be managed with discretion. Responses to feedback requests will contain only summary information, unless written permission has been given to release specific comments and details.

PART 1
ADR Neutral Assessment

Name of ADR Neutral

City

What ADR process/method did you use to try to resolve you dispute?

Negotiation
Mediation
Arbitration
Neutral Evaluation Executive Minitrial
Judicial Minitrial
Other (specify)

Did the ADR neutral contribute to the resolution of the dispute?
Yes No

Were the ADR neutral's charges reasonable?

Yes No

Were you satisfied with the time taken to arrange the ADR proceedings?

Yes No

How would you assess the following characteristics of your ADR neutral?

Very
Satisfied
Satisfied Neutral Unsatisfied Very
Unsatisfied

Competence in ADR processes

Objectivity and impartiality

Availability/responsiveness to needs of parties

Interpersonal Skills

Communication skills

Dispute management skills

Effectiveness

Overall assessment

What characteristics of the ADR neutral contributed to the outcome?

Would you use this ADR neutral again?
Yes No

Would you recommend this ADR neutral to others?

Highly recommend
Recommend
Neutral
Unlikely to recommend
Definitely would not recommend

PART 2
ADR Lawyer Assessment

Name of ADR Lawyer

Firm Name

City

Province/State

How would you assess the following characteristics of your ADR lawyer?

Very
Satisfied Satisfied Neutral Unsatisfied Very
Unsatisfied

ADR processes knowledge and skills

Interpersonal Skills

Presentation and advocacy skills

Active listener

Willing to let parties to speak for themselves

Overall assessment

Would you use this ADR lawyer again?
Yes No

Would you recommend this ADR lawyer to others?

Highly recommend
Recommend
Neutral
Unlikely to recommend
Definitely would not recommend

PART 3
ADR Process Assessment

How did you decide to use ADR for this dispute?

Recommendation by:
In-house lawyer
Outside lawyer
Business associate
Other party to the dispute
Required by:
Contract clause
Court rules

Was a settlement reached?
Yes No

If a settlement was not achieved, were the issues in dispute narrowed as a result of use of ADR?

Yes No

What were the reasons you feel settlement was not achieved?

What would you have done differently?

Did the ADR process induce, in whole or in part, settlement of the dispute?

Yes No

Was the ADR process you chose satisfactory in meeting your needs?

Very satisfactory
Satisfactory
Neutral
Unsatisfactory
Very unsatisfactory

Have you had previous experience with ADR?

None
Fewer than 10 cases
10 to 20 cases
More than 20 cases

PART 4:
Information About the Dispute

What type of dispute was this?
(specify more than one category, if appropriate)

Contract
Product liability
Environmental
Employment/Labour
Intellectual property
Human rights Personal injury
Oil and Gas
Construction
Business Insurance
Other (specify)

What was the approximate amount in dispute?
$,000

Was your organization:

Making a claim
Responding to a claim
Both making and responding to a claim

What was the outcome?

Satisfied with the outcome
Neutral
Unsatisfied with the outcome

Please provide a rough estimate of the cost savings, if any, you achieved by using ADR rather than litigation for this dispute:

$,000

How would these cost savings compare, as a percentage estimate, of the overall costs of a litigated alternative?

%

If your use of ADR for this dispute was voluntary, what strategic factors played a role in your decision to use ADR?

Save money
Save time
Expect better results
Reduce damages/exposure
Preserve relationship
Prefer a binding decision (arbitration)
Want expertise of the third-party neutral
Protect confidentiality
Involve company management
Avoid a precedent

Which objectives did you achieve in this case by using ADR?

Save money
Save time
Expect better results
Reduce damages/exposure
Preserve relationship
Prefer a binding decision (arbitration)
Want expertise of the third-party neutral
Protect confidentiality
Involve company management
Avoid a precedent

Please provide any comments on your satisfaction or dissatisfaction with ADR, taking into account all of your experiences

May we attribute to you any comments you made in response to the proceeding questions in material we publish?

Yes No

PART 5
Questions About Your Organization

Your Name

Organization

Address:

Suite

Street

City

Province/State

Country
(if other than Canada)

Please estimate your organization's annual revenues
$,000

What classification(s) best describes your organization?

Accounting
Agriculture
Construction
Engineering
Financial - Banking
Financial - Other than Banking
Forestry
Government - Federal
Government - Provincial
Government - Municipal Health
Insurance
Management Services
Manufacturing
Mining
Oil and Gas
Services
Telecommunications
Transportation
Utility
Other (please specify)

Thank you for providing feedback to help make ADR processes better.

Before submitting, you may want to print a copy for your records.

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