What kind of case is right for ADR?
Any conflict can be right for ADR. Some considerations include: • Trial outcomes are always uncertain. • Potential litigation costs may be high. • Litigation can add stress to an already stressful situation. • Litigation may polarize the parties, making resolution more difficult. • Litigation may take longer. • Parties may want a confidential, private forum. • Parties may want to maintain control over the outcome. • The parties may want to be heard. • There may be value in preserving an ongoing business or family relationship. • Trial may not meet the parties needs. • The parties may need a creative solution that the courts cannot fashion.
