MAKING THE RIGHT CHOICE

• NCJ Number: 146323
• Journal: ABA Journal Volume: 79 Dated: (November 1993) Pages: 66-68
• Author(s): F E A Sander; S B Goldberg
• Date Published: 1993
• Length: 3 pages
• Publication Format: Article
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America
• Note: Adapted from a longer piece that is available from the Clearinghouse at the Program on Negotiation, Harvard Law School, Cambridge, MA 02138 or from the Dispute Resolution Research Center, Kellogg Graduate School of Management, Northwestern University, Evanston, IL 60208-2011.

Annotation

This article provides practical guidance to attorneys who must help clients decide if alternative dispute resolution (ADR) is for them and if so, which ADR option is most suited to their case. It considers various client objectives and obstacles to settlement and rates ADR options on their ability to satisfy the stated objectives and overcome specific obstacles.

Abstract

This article takes it as a given that attorneys will discuss alternative dispute resolution (ADR) options with their clients. The purpose of the article is to provide guidance in choosing between different ADR programs. Making the decision involves two preliminary questions. The attorney must first determine what the client's goals are. If the client is willing to settle the dispute, the next question that needs to be addressed is what obstacles to settlement exist. Tables are provided that rate ADR options in terms of how likely it is that they will achieve the client's goals and which will be most successful in overcoming the impediments to settlement. The author discusses various client objectives and obstacles and considers a hypothetical case that illustrates how the analysis works. 2 tables