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Website:  http://adr.navy.mil   Date: 10/14/2004   Time:  8:25:25 PM

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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.
  1. Written agreements on the ADR process are highly recommended to help prevent confusion. The agreement should include a confidentiality provision.

  2. Keep the ADR process and procedure simple.

  3. Make the products of the ADR process and procedure usable in any potential ensuing litigation to the maximum extent practicable.

  4. 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.

  5. 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.

  6. Those involved in the ADR process must be willing to commit time as required and must coordinate and communicate with the team.

  7. Access to the party representative by all ADR team members is essential.

  8. In every large ADR, the parties generally rely primarily on the use of documentary information.

  9. 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.

  10. 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.

  11. 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.


This web page was last updated on Thursday, September 16, 2004; at 10:58:47 PM


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About this Site: This is an official Department of the Navy website provided as a public service of the Office of the General Counsel in cooperation with the Deputy Dispute Resoloution Specialist. The Deputy Dispute Resoloution Specialist reports to the General Counsel of the Navy. Registered with GILS as: Department of the Navy Alternative Dispute Resolution Web Site. Before contacting us read our Privacy Policy.

Deputy Dispute Resolution Specialist
ADR Program
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