Dispute Resolution Procedures
HOW LIKELY IS EACH ADR PROCESS TO DELIVER THE SPECIFIC BENEFIT?
VL = Very Likely SL = Somewhat Likely U = Unlikely
ENHANCE PARTY SATISFACTION
|Help settle all or part of dispute||SL *||VL||VL|
|Permit creative, party-driven solution that court could not order||U *||VL||SL|
|Preserve personal and/or business relationships||U *||VL||SL|
|Increase satisfaction and thus improve the chance of lasting solution||SL *||VL||SL|
ALLOW FLEXIBILITY, CONTROL, AND PARTICIPATION
|Broaden the interests taken into consideration||U||VL||SL|
|Provide trial-like hearing||VL||U||U|
|Provide opportunity to appear before judicial officer||U||U||VL|
IMPROVE CASE MANAGEMENT
|Help parties agree on further conduct of the case||VL||SL||SL|
|Streamline discovery and motions||VL||SL||SL|
|Narrow issues and identify areas of agreement||SL||VL||VL|
IMPROVE UNDERSTANDING OF CASE
|Help get to core of case and sort out issues in dispute||SL||VL||VL|
|Provide neutral evaluation of case||VL||U||SL|
|Provide expert in subject matter||SL||SL||SL|
|Help parties see strengths and weaknesses of positions||VL||VL||VL|
|Permit direct and informal communication of parties’
(as opposed to counsels’) views
|Provide opportunity to assess witness credibility and performance||VL||SL||U|
|Help parties agree to an informal exchange of key information||SL||SL||SL|
|Improve communications between parties/attorneys||SL *||VL||SL|
Note: * Arbitration may provide this benefit when the award triggers or contributes to settlement discussions.
Return to: Which is the most suitable ADR process for my case?
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