How times have changed. Not so long ago, courts and litigants were unreceptive to alternative dispute resolution (ADR). Now parties make much more use of these alternatives to litigation, in part because courts often order it, but also because parties have come to realize the shortcomings of litigation. ADR has become a cottage industry within the legal profession, and certainly within the area of employment law, so practitioners should familiarize themselves with some basic principles.
Be Prepared and Be Reasonable
While the number of arbitrations and mediations has dramatically risen, generally speaking, attorneys still are not making the best use of these options. Often the attitude, at least with regard to mediation, is: “It isn’t binding so I don’t have to prepare for it.” Similarly, counsel often conclude that it does not matter who is selected as the arbitrator or mediator because he or she can’t make any rulings. This is a big mistake.
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