Some ideas and approaches to using ADR in various forms, including mediation agreements, arbitration submission agreements or agreements for a "neutral convening."

Not every dispute requires that legal counsel attend and participate. In some cases, parties may agree that legal counsel will shape the process but not attend. No agreement from mediation can be binding until written and reviewed by counsel, and signed by the parties.

A list of actions that may assist General Counsel n using dispute resolution and settlement techniques. 

 

Mediation is not always the right answer to dispute resolution. A neutral convening often may serve the parties better - particularly early in a dispute.  

If parties and the neutral determine that a non-binding evaluation of the case will be helpful to resolution, an advisory opinion may assist.

Parties can only chose from among the options they have developed for settlement - so energy needs to be directed to creating value before value can be claimed.

Sometimes parties either cannot or will not communicate directly. If the conflict involves a single issue - such as money - there may be another quick approach to determining whether to settle or go to trial..