NAVIGATION   Home Page   Archive   DON Point of Contact Introduction To ADR   Introduction   Techniques   DON ADR Stats     for FY02     for FY01   Policy History   History, Legislation     & Policy   ADR Awareness     Test Making ADR Work For You   Conflict Resolution   Mediator Selection   Successes   Pros & Cons   Lessons Learned Workplace ADR In The Department of the Navy   I Need A Mediator!   Regional ADR Centers   Mediator Certification   Program Documents Resources   ADR Library   Interagency ADR Group   Other ADR Websites   Program Publications Education and Training   Acquisition/Contracts   Environmental   General   Specialized   Training Archive   Workplace AWARDS OPM Director's Outstanding ADR Program Award   FIND INFORMATION ON OTHER FEDERAL GOVERNMENT WEBSITES	ADR Pros & Cons Factors favoring the use of ADR The law of determinative legal issues is well settled. The dispute is primarily factual. The position of each side has merit, but its value is overstated. The cost of litigating the dispute would exceed the potential recovery. No further discovery is required--or limited expedited discovery will suffice--for each side to assess its strengths and weaknesses. Avoidance of an adverse precedent is appropriate. A speedy resolution is desirable. The case lends itself to settlement before a board or court decision. A strong presentation will give one side or the other a more realistic attitude about the case. Trial preparations could be costly and protracted. A neutral third party could help diffuse the emotion or hostility which may inhibit an appropriate settlement of the dispute. The evaluation of a neutral advisor could help break the stalemate. There is a continuous relationship among the parties. The parties have indicated that they want to settle. The case faces a hostile forum or decision maker. We want/need to maintain control of the process. Factors against the use of ADR The dispute is primarily over issues of law. A decision with precedential value is needed. A significant policy question is involved. A full public record of the proceeding is important. The outcome would significantly affect nonparties. The costs of using an ADR procedure would probably be greater (in time and money) than the costs of pursuing litigation. The case involves a willful or criminal violation of law. The advantage of delay runs heavily in favor of one side. The other side has no motivation to settle. More time must elapse before each side’s position and settlement possibilities can all be evaluated. There is a need for continuing board or court supervision of one of the parties. The other side may not be forthright in its ADR presentation. Case likely to be resolved efficiently without assistance (e.g. settle, motion). Case involves fraud.
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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 1000 Navy Pentagon Washington, DC 20350-1000 1-202-685-6990 Fax: 1-202-685-6957 Contact ADR Office via E-mail Contact Webmaster via E-mail Comments and Suggestions