Terms of Service | Fairway ADR

1. Acceptance of Terms

By accessing or using the Fairway ADR website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services. These Terms constitute a legally binding agreement between you and Fairway ADR ("Company," "we," "us," or "our").

2. Description of Services

Fairway ADR provides alternative dispute resolution services, including mediation and arbitration. Our platform facilitates scheduling, communication, and case management between disputing parties and neutral mediators or arbitrators. We are not a law firm and do not provide legal advice.

3. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use our Services. By using the Services, you represent and warrant that you meet these requirements.

4. Mediation and Arbitration Services

4.1 Neutrality. Fairway ADR mediators and arbitrators serve as neutral third parties. They do not represent, advocate for, or provide legal advice to any party in a dispute.

4.2 Voluntary Participation. Mediation is a voluntary process. Any party may withdraw from mediation at any time prior to executing a settlement agreement. Arbitration proceedings are governed by the applicable arbitration agreement between the parties.

4.3 Confidentiality. All mediation communications, including statements, documents, and information shared during the mediation process, are confidential and privileged to the fullest extent permitted by applicable law, including California Evidence Code Sections 1115–1128. Such communications may not be disclosed in any subsequent legal proceeding except as required by law.

4.4 No Guarantee of Outcome. Fairway ADR does not guarantee any particular outcome from mediation or arbitration proceedings. The mediator facilitates discussion but does not impose a resolution in mediation.

4.5 Settlement Agreements. Any settlement agreement reached during mediation is binding only when signed by all parties. We recommend that all parties consult with their own legal counsel before signing any settlement agreement.

5. Scheduling and Cancellation

5.1 Scheduling. Sessions are scheduled upon mutual agreement of all parties and the mediator or arbitrator. Confirmed sessions require a deposit from each party.

5.2 Cancellation Policy. Cancellations made more than 48 hours before a scheduled session will receive a full deposit refund. Cancellations made within 48 hours of a scheduled session will forfeit the deposit. No-shows will forfeit the deposit in full.

5.3 Rescheduling. Requests to reschedule must be made at least 48 hours before the session and are subject to mediator availability.

6. Fees and Payment

6.1 Fee Structure. Current fees are published on our Pricing page. Fairway ADR reserves the right to modify its fee schedule with reasonable notice.

6.2 Deposits. Each party is required to pay a deposit to confirm a session. Deposits are applied toward the total session fee.

6.3 Payment of Balance. Any balance due after the session is payable within 14 days of the session date. Unpaid balances may accrue interest at the maximum rate permitted by law.

6.4 Fee Splitting. Unless otherwise agreed in writing, mediation fees are split equally between the parties.

7. User Conduct

You agree to use our Services in good faith and in compliance with all applicable laws. You shall not: (a) submit false or misleading information; (b) engage in threatening, abusive, or harassing behavior toward any party, mediator, or staff member; (c) attempt to interfere with the proper functioning of the platform; or (d) use the Services for any unlawful purpose.

8. Intellectual Property

All content, trademarks, logos, and materials on the Fairway ADR website are the property of Fairway ADR and are protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without prior written consent.

9. Limitation of Liability

To the maximum extent permitted by law, Fairway ADR, its mediators, arbitrators, employees, and agents shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or relating to the use of our Services, including but not limited to the outcome of any mediation or arbitration proceeding. Our total liability for any claim arising from the Services shall not exceed the total fees paid by you for the specific session giving rise to the claim.

10. Disclaimer of Warranties

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

11. Indemnification

You agree to indemnify, defend, and hold harmless Fairway ADR and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services or your violation of these Terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Services shall first be submitted to mediation administered by Fairway ADR. If the dispute is not resolved through mediation within 30 days, either party may pursue binding arbitration in accordance with California law. The venue for any legal proceeding shall be Alameda County, California.

13. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

14. Modifications

Fairway ADR reserves the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the Services after any modifications constitutes acceptance of the revised Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Contact

If you have questions about these Terms, please contact us at (510) 982-1192 or visit our Contact page.