What a Neutral can and cannot decide

What a Neutral can and cannot decide

The default posture on every engagement is non-binding evaluation and facilitated settlement. Most disputes never reach a formal decision at all.

  • Advisory Opinion. A reasoned, non-binding written evaluation. The default formal product, available at any dollar amount.

  • Appealable Award. Binding and enforceable during the project; contestable after completion, as the parties' written agreement provides.

  • Binding Award. Final and binding; reducible to a civil judgment in a court of competent jurisdiction.

No Appealable or Binding Award can issue unless all four of these are on the record:

  1. Written mutual consent of all parties to the specific dispute being decided, signed after the dispute has arisen. Consent in the master agreement alone is not sufficient.

  2. Written disclosure by the Neutral of their prior confidential and advisory involvement on the project.

  3. The offer of a fresh arbitrator, a different qualified Neutral unconnected to the project, made on the record. The parties may waive it and keep the embedded Neutral, but the offer itself is mandatory.

  4. A defined ruleset, specified in the engagement agreement for any formal proceeding.

Authority thresholds are set per project in the engagement agreement. The firm publishes recommended defaults: Binding Award suitability at or below $750,000; a single-Neutral cap of $5,000,000, above which a three-Neutral panel is suggested if binding is elected; Advisory Opinion at any amount.

Fees are never contingent on the outcome of any dispute or on the content of any report, opinion, or award.