DJS Administrative Services

Q:           I want pursue a claim against the facility.  How do I initiate the ADR process?

A:            You can make a claim with the Administrator by filing a demand and claim form.  This form can be found under “claim forms” on the Home page of this website.  If you cannot access this form you may initiate the claim by submitting a request in writing to the Administrator via U.S. mail to:

DJS Administrative Services Inc.

P.O. Box 70324

Louisville, KY  40270-0324

The Request should set out in plain language the dispute or controversy, the facts and the law (if known) supporting the claim, the specific relief requested (and the reasons supporting the relief), and the specific amount of any money or other damages sought. 

Q:           Is there a fee to make a claim under this programadministration?

A:            Generally, No.  The Company will pay for the cost of mediation and up to 5 days of arbitration.  Note: these costs do not include personal attorney fees if you are represented by counsel.

Q:           Do I need a lawyer to make a claim?

A:            No.  You do not need a lawyer to make a claim.  We will be happy to let you know what forms need to be completed to get a claim started. 

Q:           Am I required to pay anything to participate in this process?

A:            No.  The Company pays all costs associated with the ADR process. 

Q:           How long does the process take?

A:            The Company's Alternative Dispute Resolution Program (ADR) was designed to provide claimants a quick resolution.  The entire process of mediation and arbitration lasts 210 days, although in most circumstances the cases can be resolved at the 120 day mediation.  Also the parties can agree to extend the time if they think this is necessary. 

Q:           The Company ADR agreement allows for both mediation and arbitration.  What is the difference between the two?

A:            Mediation is a voluntary dispute resolution process; all parties must consent to participate in good faith and work toward a mutually agreeable resolution. Mediating parties are not bound to resolve their dispute (although mediated settlements,                 once reached, can be made binding if the parties decide to draft a settlement agreement). Mediations are not "decided" in favor of one party or another; rather, the mediator simply facilitates the negotiation process. 

Arbitration, on the other hand, is a dispute resolution process in which a neutral party hears a dispute between one or more parties and, after considering all relevant information, renders a final decision in favor of one of the parties.  Arbitration decisions are binding and carry the same significance as a court judgment.
<!--[if !supportLineBreakNewLine]-->
<!--[endif]-->

Q:           Do the mediators/arbitrators work for the Company?

A:            No.  The Company and the plaintiff will mutually agree on who the mediator or arbitrator will be in a given case.  There are also procedures in place where a mediator or arbitrator will be selected by a third party the parties cannot agree on a selection.

Q:           How is the mediator selected? 

A:            The parties can either agree on a Mediator of their choosing or the Administrator can provide a list of neutrals from which the parties select a neutral. 

Q:           What happens if the parties cannot resolve their dispute at mediation…then what? 

A:            If Mediation is unsuccessful then the parties can choose to proceed to arbitration.

Q:           Can the parties appeal the arbitrator's opinion? 

A:            Although there are a very limited situations under the law where a party can challenge the decision of an arbitrator, the Company program states that the arbitrator's decision is final with no right to appeal.

Q:           Is there a limit to how much a plaintiff can recover?

A:            The only limits place on a plaintiff's recovery are the limits that would normally apply under his/her applicable state law.

Q:           How long will  the ADR process take?

A:            While the Rules of Procedure set out time frames within which mediation and arbitration should occur, these time frames can be changed by agreement of the parties if necessary to accommodate scheduling needs.  The stated time frames identify mediation within 120 of filing the claim, and arbitration within 180 days after receipt of the demand for ADR.

Q:           If I'm successful in my claim, how soon will any settlement or award by paid?

A:            The Rules of Procedure call for payment to be made within 30 days of settlement at mediation and within 30 days of an arbitrator’s final award.  

Q:           Do we have to use the Company mediators?

A:            The selection of mediator or arbitrators is performed by consensus of the parties.  The Company does not employ or retain mediators or arbiters.  These individuals are selected from professionals in the community that provide this service and are approved by the parties or their representatives.

Q:           Can the deadlines for mediation or arbitration be adjusted?

A:            Yes, per the agreement of the parties, timelines for any part of the ADR process can be adjusted to meet the needs of a particular case.

Q:           How are discovery disputes handled?

A:            The mediator selected by the parties will serve as a discovery master to handle discovery issues that cannot be resolved by the parties.

Q:           Are there limitations to the numbers of witnesses, experts, or depositions that can be called or taken during the ADR process?

A:            The purpose of the ADR process is to streamline the litigation process to reach a resolution for the plaintiff in a timely manner.  To achieve that goal, discovery is limited to essential witnesses and experts.  If, however, the matter warrants additional experts or witnesses, the parties can agree to modify the discovery limitations.  

Q:           Can someone choose to submit their claim through the ADR program if they did not initially sign, or agree to, the ADR process?

A:            Yes, anyone considering a claim against the Company can, by agreement of the parties, decide to have their matter handled via the Company ADR Rules of Procedure.