Originally from Alternatives to the High Cost of Litigation

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There are many great virtues to alternative dispute resolution processes, like the collaboration, confidentiality and self-determination of mediation; the privacy, efficiency, and finality of arbitration; and the flexibility of both.

In an attempt to combine the best virtues from each of the primary ADR processes, hybrid processes have developed, including med-arb, arb-med, and early neutral evaluation.

But despite the ADR community’s best efforts in continuing to expand the scope of alternative conflict strategies, in certain circumstances parties may be unwilling or unable to opt into an ADR process—and all its virtues—in forbearance of the virtues that can be found in litigation. The courtroom’s benefits include procedural due process and rights-based conclusions founded on legal principle, common law, and legislation.