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Dispute Resolution Procedures
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.
Return to: Which is the most suitable ADR process for my case?
Go to: What else do I need to know?