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How ADR Can Help You Most cases can benefit in some way from ADR. The various ADR processes offer different types of benefits. Each ADR process offers at least some of the following advantages over traditional litigation or direct settlement negotiations. Produce more satisfying results After litigating a case through trial, even the winners may feel they have lost. The costs and time commitment on both sides may be enormous. Sometimes neither side is satisfied with the result -- and any relationship that may have existed between the parties is likely to have been severely strained. On the other hand, ADR may: help settle all or part of the dispute much sooner than trial permit a mutually acceptable solution that a court would not have the power to order save time and money preserve ongoing business or personal relationships increase satisfaction and thus result in a greater likelihood of a lasting resolution Allow more flexibility, control and participation In formal litigation, the court is limited in the procedures it must follow and the remedies it may award -- and submitting a case to a judge or jury can be extremely risky. ADR processes are more flexible and permit parties to participate more fully and in a wider range of ways. They afford parties more control by providing opportunities to: tailor the procedures used to seek a resolution broaden the interests taken into consideration fashion a business-driven or other creative solution that may not be available from the court protect confidentiality eliminate the risks of litigation Enable a better understanding of the case In traditional litigation, sometimes the parties stop communicating directly -- and it is only after a significant amount of time and expensive discovery or motions that the parties understand what is really in dispute. ADR can expedite the parties' access to information. It can also improve the quality of justice by helping the parties obtain a better understanding of their case early on. It may: provide an opportunity for clients to communicate their views directly and informally help parties get to the core of the case and identify the disputed issues enhance the parties' understanding of the relevant law and evidence and the strengths and weaknesses of their positions help parties agree to exchange key information directly Improve case management Attorneys in litigation sometimes find it difficult, early in the case, to devise a cost-effective case management plan, reach stipulations or narrow the dispute. An ADR neutral can help parties: streamline discovery and motions narrow the issues in dispute and identify areas of agreement and disagreement reach factual and legal stipulations Reduce hostility Due to its adversarial nature, litigation sometimes increases the level of hostility between sides, which can make communication more difficult and impede chances for settlement. In contrast, a trained ADR neutral can: improve the quality and tone of communication between parties decrease hostility between clients and between lawyers reduce the risk that parties will give up on settlement efforts WHEN ADR MAY NOT BE USEFUL Although most cases can benefit in some way from ADR, some cases might be better handled without ADR. These include suits in which: a party seeks to establish precedent a dispositive motion requiring little preparation will probably succeed a party needs the protections of formal litigation a party prefers that a judge preside over all processes If your dispute might benefit from one or more of the listed advantages, you should seriously consider trying ADR and give careful thought to selecting the most appropriate process for your case. Home |Previous | Next