When businesses in California initially get involved in litigation, many decision-makers likely think “this case is absolutely going to trial.” The differences between the parties in the case, at least at the outset, may make it seem like a trial on the issues is all but inevitable. However, many cases are resolved well short of trial. Alternative dispute resolution techniques are becoming ever more popular, even in the toughest of cases.
So, will alternative dispute resolution end your case before trial? For many business litigation disputes, alternative dispute resolution – commonly referred to as “ADR” – is indeed a compelling option. Direct negotiations between the parties, mediation and even arbitration all have benefits to weigh that just might make ADR more attractive than a trial as a potential option to resolve a lawsuit.
Is ADR right for you?
To determine whether or not ADR techniques might be an option in your case, you have to weigh the “pros and cons.” For starters, ADR can oftentimes save all parties involved time and money – that is, indeed, attractive to most businesses. But, participating in ADR oftentimes means that the parties have to be at least somewhat willing to compromise. That might not be an option if one side or the other doesn’t have the right mindset during ADR.
In the end, assessing whether or not ADR might be an option comes down to the facts of the case, the attitudes of the parties involved and, in many cases, just what exactly the goals of the lawsuit are to begin with. But, in many cases, ADR can indeed be beneficial.