"THINKING ABOUT BINDING ADR ARBITRTION/MEDIATION?"

 

I have always been a firm believer in the ADR forum. SO WHY ADR? A TOP TEN (10) LIST OF REASONS TO ARBITRATE OR MEDIATE

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1.     Complexity of issues- Cases or matters with complicated and confusing issues (construction defect cases) are better presented to someone with an understanding of the issues rather than a jury

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2.     Good case/Bad case - Cases or matters with serious reservations on the ability to prove or defend can be better controlled in a private session or forum

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3.         Costs - Cases or matters that will require heavy expenses for experts, counsel fees and costs when compared to the value or potential outcome may result in a lose-lose situation

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4.     Client issues - Cases or matters with clients who may be strong or weak witnesses, who may be obstinate or pushovers, who may be in poor health or need for immediate resolution for financial reasons, who may be good historians or poor record keepers, or who may simply need to hear an objective voice or sound reasoning are prime for this forum

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5.      Time for Early resolution - Cases or matters which may drag out in time, such as litigation cases in certain jurisdictions that move too slow before a trial assignment. Cases or matter that may take days, weeks to litigate can be done in a day or two.  Additionally, cases that litigate may end up with appeals that also take years to conclude and may result in remands for new trials, starting the litigation process all over again

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6.      Preserve relationships - Cases or matters, such as employment or contract cases, where the parties have a longstanding relationship that one or more parties want, or even have, to preserve for business, stature, appearance, publicity

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7.      Risk analysis - Cases or matters where an independent viewpoint, either binding or not, can help avoid the unknown risks of a win/loss in the Court system

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8.      Privacy - Cases or matters where the parties do not want to air their dirty laundry or create an outside forum (newspapers, internet, Twitter) which might be counterproductive to a resolution as opposed to the protection of a confidentiality clause in a Release after resolution

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9.     Competency of the Arbitrator/Mediator - Allows to parties to get a fresh and independent view from someone who has valued and proven experience in the area in dispute so that the issues can be better defined, examined and discussed before pitfalls

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10.   Closure - Allows the parties to get a finality to their disputed issues with all parties walking away from the case or conference with some sense of accomplishment