ALTERNATIVE DISPUTE RESOLUTION

If I have a dispute, what are the alternatives to a courtroom trial?

     Alternative Dispute Resolution (ADR) is a fast, economical method to resolve a dispute without resorting to courtroom litigation. 

     Arbitration is an ADR method which uses a third party or panel to judge the facts of the case and its legal position in order to have the parties come to an agreement. The goal of arbitration is to reach an amicable decision for both parties. Arbitration procedures are less complex and less adversarial than a court trial and seek to create a situation on which both parties can agree and to reach a settlement that will not interfere with the business relationship of the parties. An arbitrator is selected by the parties to be a neutral impartial individual or panel who decides the merits of each party’s position. One of the advantages of arbitration is that the parties can select an arbitrator that is a specialist and has experience in the travel industry, and understands the market and the law of travel and tourism, rather than having a court appointed judge who is not in versed travel law. Arbitration may be voluntary or court ordered. Arbitration may also be binding or non-binding.

     Mediation is an alternative to courtroom proceedings which seeks to reach a mutually satisfactory agreement and is often the first choice for settling disputes, because it is both faster and cheaper than a full trial, and is more amicable to the continuing relationship of the parties, than arbitration. Mediation is non-binding and seeks solely to settle the dispute or a part of the dispute between the parties based on compromise, and not to give an overall evaluation of the case. The mediator is a neutral individual or panel that seeks to clarify the issues, facilitate communication between the parties, and express the interests of both parties aside from their legal positions.

Is Mr. Anolik available for mediation or arbitration?

     Yes, Mr. Anolik is certified and experienced to act as a mediator or arbitrator for travel industry disputes. He has been trained and admitted as an arbitrator and mediator under the United States District Court for the Northern District of California. Mr. Anolik has over 30 years of experience as a travel and tourism attorney and consultant. He is also a founder of the International Forum of Travel and Tourism Advocates (IFTTA) Alternative Dispute Resolution training and certification program.


IFTTA’S SAMPLE CLAUSE FOR TRAVEL AGENT AND TOUR OPERATOR CONTRACTS

Mediation and Arbitration

     If a dispute arises out of, or relates to this contract, or breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the World Travel Dispute Center under the applicable guidelines as established by IFTTA (International Forum for Travel and Tourism) before resorting to arbitration, litigation, or some other dispute resolution procedure. If mediation is not successful, the parties will settle by binding arbitration administered by the World Travel Dispute Center under the applicable guidelines as established by IFTTA. Judgment on the award rendered by the arbitrator(s), or written agreements of the parties, may be entered in any court having jurisdiction thereof or written agreements of the parties. If litigation is necessary to enforce this agreement, the prevailing party(s) shall receive costs and attorney’s fees.


It may be consumer friendly in certain circumstances to add a preamble such as:

     “Travel Corporation desires to maintain friendly relationships with its clients (agents, sellers, buyers, etc.). In order to provide for a mutually beneficial relationship, Travel Corporation has established an alternative mediation program in the event of a misunderstanding or dispute between Travel Corporation and it clients.”

Frequently Asked Questions