| A key component in assisting Companies or
clients is the selection of the appropriate ADR option for a pending
case.
Assess the dispute before choosing an ADR options. An important element in selecting an ADR option is determining the
nature of the conflict. I suggest that parties and Companies
consider the following when considering whether or how to use ADR in a
specific case or dispute:
- What are the key issues and conflicts presented? Factual?
Legal?
- What information is needed to resolve the conflicts?
- Who has that information?
- What expertise is needed to evaluate the information?
- Who is needed at the table to resolve these conflicts?
- Under what guidelines can the parties meet?
- What legal safeguards are needed?
- What process will lead to the best resolution?
- Will a neutral (facilitator,
convenor, mediator) help?
- What
ADR options are available?
- Where on
the ADR spectrum do you
wish to be? Why?
The decisions made in selection dispute resolution options for your case are
important and complex. The issue is not just selecting "an"
option for using ADR but determining whether such decision needs to be
revisited in light of changes in circumstances or parties' needs. My goal
in assisting parties is to help them make the best choices at the appropriate
time from the many options that exist for dispute resolution; including
individual or combinations of the following:
- Arbitration
- Mediation
- Early Neutral Evaluation/Advisory Opinion
- Neutral Convening
- Simultaneous disclosure options for exchanging offers
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