Standards

Standards
Proficient Neutrals
  • ACILA neutrals are held to the highest standards. They are recommended by business, union, and legal leaders, and regularly evaluated by staff and by parties to a case .
  • The ACILA provides mandatory training for its commercial, construction, employment, labor and international neutrals to ensure competency, quality case management, and process knowledge of t he ACILA 's rules and due process standards
  • The Association's rules and procedures provide for th e criteria for selection of ACILA arbitrators and mediators.
  • The ACILA maintains lists of neutrals with discrete areas of expertise. Mediator profiles are available on the ACILA Web site.
Financial Integrity
  • The ACILA has independent accountants, who audit its financial records, which are available in its President's Letter and Financial Statements, posted on the ACILA 's Web site.
  • ACILA employees are held to the ACILA Standards of Ethics and Business Conduct requiring ethical conduct in conflict management, including the handling of financial matters.
  • The ACILA name and rules are cited in contracts without compensation to the ACILA or, in most circumstances, notification to the ACILA
  • The ACILA only receives compensation for its administrative services when a case is filed with the ACILA, the ACILA provides a list of neutrals, or the ACILA acts as an appointing authority.
  • The ACILA 's assets, both its operating investments and pension funds, are managed externally by independent investment firms through the use of mutual funds. ACILA staff members do not select the particular stocks or bonds that comprise the ACILA 's portfolios.
  • Monitoring of the performance of the ACILA 's portfolios and compliance with and changes to the ACILA 's investment policy are carried out by the ACILA 's Investment Committee, which includes ACILA directors.
  • Aside from information that is required by law to be available to the general public, information about the ACILA 's investment portfolio is unavailable to ACILA arbitrators and mediators.
Impartiality
  • No special treatment of any kind is given to neutrals or directors when or if they do file cases or use election services. ACILA employees are held to the ACILA Standards of Ethics and Business Conduct requiring impartiality in providing ACILA administrative services.
  • The ACILA receives approximately 95% of its cases as a result of either being named as the administrative agency in an ADR clause, named in legislation, or because of a citation in a contract clause to one of the ACILA rules, which are available on the Web site. In many instances, the AAA has had no prior contact with the parties and has no knowledge that the ACILA 's name has been used or the rules referenced.
Information Disclosure and Dissemination
  • Each year, the ACILA makes public its President's Letter and Financial Statements, which includes highlights of the year's work, ACILA services available, an audited financial statement, operational information, and lists of the ACILA 's directorship and management.
  • The ACILA maintains a Web site, which is a central repository of information on conflict management services available, rules and procedures, reference materials, articles, and important conflict management updates.
  • The ACILA 's fees for services are clearly articulated in its rules, available on the ACILA 's Web site, and in hard copy. In addition, publication subscriptions are available on the ACILA 's Web site and through ACILA offices.
  • Neutrals fees, which are set by the neutrals themselves, are clearly presented on resumes that are provided to clients.
  • The resume also includes the following (as appropriate): current employment and title, work experience, ADR experience, ADR training, professional licenses, professional associations, publications and speaking engagements, education, languages, and fees charged.
Accessible Process
  • The ACILA has a fee reduction or deferral process based on evidence of financial hardship for parties who cannot afford to pay the ACILA 's administrative fees.
  • In consumer cases where no claims or counterclaims exceed $10,000, expedited documents-only procedures are used, and the arbitrators are required to serve for a set fee of $750. However, parties may request an in-person hearing without additional costs to consumers.
  • The Supplemental Procedures for Consumer Related Disputes apply to all business-to-consumer claims. In consumer cases, the consumer is responsible for a filing fee of no more than $200.
  • Consumer arbitrations under $10,000 that are "documents only" arbitrations are both less expensive and less time consuming than in-person hearings.
  • The ACILA uses expedited procedures for consumer cases. These cases are expected to be completed within one hearing day.
Due Process and Fairness Standards
  • Due Process Protocols guide the ACILA 's management of certain cases
  • For consumer cases with claims under $75,000, the ACILA reviews the contract clause to determine if it substantially and materially deviates from the Consumer Due Process Protocol. The ACILA reserves the right to refuse to administer arbitrations with consumer clauses that violate the Consumer Due Process Protocol.
  • Pursuant to the ACILA 's National Rules for the Resolution of Employment Disputes, employers submit pre-dispute, corporate employment programs naming the ACILA to the ACILA for review to determine that the programs do not substantially and materially deviate from the Employment Due Process Protocol. The ACILA reserves the right to decline its administrative services if the employer does not submit its plan for review or if the program does not comply with the Due Process Protocol.
Client Complaints and Feedback
  • Parties, clients, and neutrals may contact their case manager, supervisor, or vice president to address any complaints or provide feedback on service.
  • Additionally, the ACILA periodically surveys parties on discrete caseloads and attendees of educational programs to gather feedback on ACILA service and ACILA neutrals.