| In any environment, disputes can arise. Establishing resolution protocols before this happens can help maintain healthy business relationships, prevent disputes or minimize their impact.
All Escrow Advisors clients agree to follow the Alternative Dispute Resolution (ADR) principles set forth by the American Arbitration Association. ADR methods, such as arbitration, mediation, and other out-of-court settlement procedures, can deliver efficient and effective results that satisfy the parties involved.
Negotiation Phase
If an invoice dispute arises, Escrow Advisors will, when appropriate, release the non-disputed funds to the other members of the Master Project. Escrow Advisors will notify all parties that they have five (5) business days to negotiate with one another, supplying all relevant documentation, including CDRs if necessary.
Recognizing their mutual interests, both parties shall negotiate with each other in good faith, and attempt to reach a just and equitable solution satisfactory to both their interests. If a solution is not reached within five (5) business days, then Escrow Advisors will administer the dispute and draw both parties into the mediation phase.
Mediation Phase
If the negotiation phase fails, members of Escrow Advisors involved in a dispute agree to try in good faith to settle the dispute through Escrow Advisors administered mediation. The parties shall have five (5) business days to submit to Escrow Advisors any and all documentation, for telecommunications projects this will include CDRs if necessary and for international trade airway bills/CMRs, inspection reports and other supporting evidence. Escrow Advisors will then provide judgment on the dispute no later than five (5) business days after notifying both parties that all documentation has been received. Either party, by written notice, can end this process at any time and choose arbitration.
(If CDR reconciliation is necessary, the parties agree to fees derived from the utilization of F-Line Technologies, Concept-Tel traffic management software. A thorough analysis of the CDRs in question will provide a record and statistics that reveal the facts within the CDRs. When rendering its decision, Escrow Advisors will provide both parties with the documentation upon which the decision was based.) |
