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The Dispute Resolution Process

Alternative Dispute Resolution Defined.

Alternative dispute resolution, abbreviated as ADR, refers to those processes that are available to resolve claims or disputes without having to resort to litigation. The dispute resolution processes, including mediation, arbitration, early neutral evaluation, neutral fact finding, mini-trial and summary jury trial, are available to resolve any type of dispute including commercial, construction, real estate, land use, insurance, probate, governmental, environmental, personal injury and property damage.

Why Use Alternative Dispute Resolution?

The alternative dispute resolution processes offer many important advantages over litigation. Generally, they are less expensive and more expeditious than a state or federal jury or bench trial where disputes are subject to several levels of appeal and re-trial. The disputing parties have far more control in terms of selecting the Neutral as well as the date, time and place of the process as opposed to a judge who completely controls litigation. The parties may select a Neutral based on qualifications, expertise, reputation, temperament and years of experience. In litigation, a judge is essentially imposed on the parties. Alternative dispute resolution processes are private and more confidential than trials which are open to the public. Additionally, alternative dispute resolution processes are much less formal and much more flexible than litigation.

Why Choose Steve Yusem as a Neutral?

  1. Independence

    The American Bar Association Code of Ethics for Arbitrators in Commercial Disputes requires that an attorney accept appointment as an arbitrator only if fully satisfied that he or she can serve impartially, independently, competently and with availability. The Code of Ethics also requires that an arbitrator disclose any relationship which may create an appearance of conflict or partiality including a relationship derived from partners’ and associates’ connections with prospective arbitration parties and witnesses. Because Mr. Yusem maintains an independent Neutral practice and is not associated with any law firm, he enjoys a much lower level of exposure to the conflicts barred by the Code.

  2. Highly Credentialed

    Mr. Yusem rose from Associate status to Fellowship in the Chartered Institute of Arbitrators founded in 1915. He successfully completed an intensive course at Keble College, Oxford University, followed by a closely monitored international arbitration award writing program. He is also a Fellow of the College of Commercial Arbitrators after having been recommended by his colleagues and qualified by his in-depth experience in commercial and construction arbitration. He has served as adjunct professor of law at Cornell University Law University since 2005 teaching a survey course in mediation and arbitration to second and third year law students as well as master’s degree candidates.

    Mr. Yusem is accredited by the Center for Effective Dispute Resolution (“CEDR”) headquartered in London. Widely recognized as the premiere mediation accreditation organization, CEDR bestows the accredited mediator designation only after an extensive and intensive training and examination process.

    As chair of the Pennsylvania Bar Association Alternative Dispute Resolution Committee, Mr. Yusem takes a leadership role in every component of the ADR field including legislation, continuing legal education, liaison with other Pennsylvania Bar Association sections and committees, ADR publications and management of Conflict Resolution Day.

  3. Experience

    For more than 40 years, Mr. Yusem developed an in-depth private law practice serving as an advocate for both plaintiffs and defendants as well as a Neutral in arbitration and mediation. Whether through jury trials or bench trials, complex arbitrations or multi-party mediations, Mr. Yusem has been involved in an extraordinary range of commercial and construction disputes.

    As a member of the College of Commercial Arbitrators Planning Committee, Mr. Yusem assisted in producing the widely acclaimed monograph, “Protocols for Expeditious, Cost-Effective Commercial Arbitration.” The College received both the ABA Lawyer as Problem Solver Award and the International Institute for Conflict Prevention and Resolution (CPR) Outstanding Practical Achievement award for 2011.

  4. Attention to Detail

    Mr. Yusem is well known among both bench and bar for his conscientiousness focus on the issues at hand. He fully recognizes not only the importance of those issues to the parties in dispute but also the challenges they present to counsel as they advocate on behalf of their clients. Having been a front line lawyer, Mr. Yusem can well identify with the procedural, substantive, and professional elements facing every lawyer in every case.