How often does use of ADR lead to settlement?
Settlement rates vary depending on the type of ADR process used, the point in litigation when the ADR referral occurs, and the time, commitment and skills brought to the table by the parties. Nationally, approximately three-quarters of the cases brought to community dispute resolution centers reach agreement. Formal settlement is not the only criterion for the success of an ADR proceeding. Even when a written agreement is not finalized, the ADR process often clarifies or limits the issues and sets the stage for continued and constructive negotiation. And, even when agreements are not reached, client satisfaction with ADR tends to be high, especially in ADR processes that rely on client participation. What if ADR is ordered before discovery is completed or before the judge has ruled on legal issues such as motions for summary judgment? Sometimes ADR is most effective when commenced before discovery is underway. If discovery is partially complete, the court may ask that no further discov
