Dispute Resolution Procedures
WHICH IS THE MOST SUITABLE ADR PROCESS FOR MY CASE?
Each ADR process meets different needs and circumstances. When selecting an ADR process, you should carefully review your own case or situation to identify the goal you hope to achieve through ADR. You may then select the ADR process that is best for your particular case.
Whether a particular ADR process will provide a specific benefit depends not only on the type of ADR process used, but on many other factors including: the style of the neutral; the type of case; the stage of legal proceedings already reached; the parties’ and attorneys’ attitudes and personalities; the degree of preparation; and the participants’ experience with the particular ADR process.
While the court is unable to make any guarantees, this chart summarizes the court’s general observations about ADR’s major benefits and the extent to which the three major ADR processes are likely to provide them. These are generalizations that the court believes are accurate in many, but not all cases.
The Center for Alternative Dispute Resolution is available to provide you with information to help you select an ADR process to meet your needs.
General Factors to Consider in Selecting an ADR Method:
Mediation may be best when:
Arbitration may be best when (in addition to the above):
Settlement conference may be best when:
Go to: How likely is each ADR process to deliver the specific benefit?