How Likely is Each ADR Process to Deliver the Specific Benefit?

 

Key

VL = Very Likely      SL = Somewhat Likely     U = Unlikely   

Name	Arbitration	Mediation	Settlement Conference
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
Protect confidentiality	SL	VL	VL
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
Reach stipulations	U	SL	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	U	VL	U
Provide opportunity to assess witness credibility and performance	VL	SL	U
Help parties agree to an informal exchange of key information	SL	SL	SL
REDUCE HOSTILITY
Improve communications between parties/attorneys	SL *	VL	SL
Decrease hostility	U	VL	SL

Note:  *  Arbitration may provide this benefit when the award triggers or contributes to settlement discussions.

 

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