Monday, November 1, 2004
As costs and delays of formal litigation continue increasing, more and more states require parties to engage in some form of alternative dispute resolution (“ADR”) before trial. The term ADR generally refers to any process that litigants use to resolve their dispute privately, but commonly refers to the most popular forms: arbitration or mediation. Many litigants realize that ADR is a viable alternative to litigation, but may not be aware of the variety of methods available. Some litigants unwisely refuse to participate in ADR out of a concern they will appear “weak” by agreeing to discuss settlement. This volume of The Resource will provide a basic description of ADR methods and will discuss the costs and benefits of participating in private dispute resolution.