MEDIATION AND ARBITRATION
Fees shall be charged on an hourly basis starting at a minimum fee of $200.00 per hour depending on the complexity of the dispute, the number of Parties involved in the dispute, the expertise required of the CDRS Dispute Resolution Specialist(s) and on the geographic area in which the dispute resolution process will be conducted. If a binding arbitration requires a three-person panel or a mediation requires the services of multiple mediators, each ADR Specialist shall be compensated according to their individual fee requirements. CDRS usually does not charge any up-front or separate administrative fees as the CDRS administrative fees should be included in the hourly fees of the CDRS ADR Specialist. CDRS may charge additional administrative fees if there is an unusual amount of administrative time spent on the case as determined by CDRS. A minimum charge of five hours shall be charged for each case unless a prior written agreement has been executed with CDRS. Reimbursable costs and expenses, described below, shall be added to the hourly fees. Each case requires a non-refundable $350 filing fee at the time that a “Request for Dispute Resolution Services” is submitted to CDRS.
DISPUTE REVIEW BOARDS AND PARTNERING
Dispute Review Boards, Partnering and related ADR process agreements shall be negotiated for each project. Fees and related costs may vary according to whether the CDRS Dispute Resolution Specialist is a general member of the panel or is serving as the chair. The specific construction knowledge and experience required of the CDRS Dispute Resolution Specialist and the geographic location of the construction project will also determine the appropriate fees and related costs for the CDRS Dispute Resolution Specialist.
GENERAL CONTRACTOR FAST TRACK AGREEMENTS
Residential and commercial “Fast Track Agreements” shall be executed prior to the commencement of a construction project and shall require a non-refundable $350 filing fee. The filing fee shall be payable at the same time as the Fast Track Agreement is completed and signed. Each “Request for Dispute Resolution Services” that is subsequently filed that is related to the Fast Track Agreement will require a non-refundable $250 administrative fee.
The hourly fee for a CDRS Specialist who will serve as a construction expert in a mediation, arbitration, civil litigation or other dispute resolution proceeding shall be charged at a minimum of $150 per hour, depending on the complexity of the case, the specific construction knowledge and experience required of the CDRS Specialist and on the geographic area in which the dispute is located. Additional costs for travel and other related costs are covered below, and should be added to the fees for expert services. Each case will be charged a non-refundable $350 administrative fee at the time that a “Request for Expert Services is submitted to CDRS.
REIMBURSABLE COSTS AND EXPENSES
CHARGEABLE TIME - Chargeable time shall include, but
is not limited to: case review and preparation time, telephone calls,
pre-session meetings, jobsite visits, all time spent during the dispute
resolution session or while rendering professional services and all time spent
after an arbitration, med-arb, arb-med or binding mediation including jobsite
visits, post hearing review time and other related time needed to write the
final award or to render the final decision.
OTHER RELATED INFORMATION – Please review the CDRS
applicable mediation, arbitration or DRB rules and procedures for other
information related to fees and costs. Please be advised that Advisory Opinions,
Mediation Settlement Agreements and Arbitration Awards, Expert opinions, etc.
may experience a delay in their issuance due to non-payment of fees and costs as
specified in the applicable rules and procedures.