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COURTS AND COVID-19 INFORMATION

Dispute Resolution Procedures

HOW LIKELY IS EACH ADR PROCESS TO DELIVER THE SPECIFIC BENEFIT?

 

Key

VL = Very Likely      SL = Somewhat Likely     U = Unlikely   

  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.

 

Return to: Which is the most suitable ADR process for my case?

Go to: What else do I need to know?