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Lessons Learned
ADR is not new. Therefore, there is plenty of help available to those
who wish to use ADR for the first time. Listed below are a number of
lessons learned from those who have made ADR a part of their conflict
resolution process.
- Written agreements on the ADR process are highly recommended to
help prevent confusion. The agreement should include a confidentiality
provision.
- Keep the ADR process and procedure simple.
- Make the products of the ADR process and procedure usable in any
potential ensuing litigation to the maximum extent practicable.
- Be sure the ADR procedure provides for sufficient, but not excessive,
information exchange - remember that the purpose of the information
exchange is to facilitate the development of decision-quality information
on the basis of which the parties might agree to settle the issues in
controversy.
- Be sure to have a date certain for the submission of information that
provides sufficient time to analyze the information provided before the
parties begin to exchange their respective positions.
- Those involved in the ADR process must be willing to commit time as
required and must coordinate and communicate with the team.
- Access to the party representative by all ADR team members is
essential.
- In every large ADR, the parties generally rely primarily on the use
of documentary information.
- You never lose by doing ADR - a very high percentage of cases are
resolved through use of non-binding ADR. Even where a case does not settle,
the parties have narrowed the issues in controversy and reduced the need
or time required for further discovery. Other benefits include reduced
time needed to develop the issues and try the case.
- Minimize or eliminate any time lag between settlement and the execution
of a bilateral agreement by ensuring the necessary equipment, documentation
and personnel are readily available.
- Be flexible, be prepared to adjust, and be prepared to change any part
of the ADR plan or procedure that the parties agree is not working as desired.
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