Francine Friedman Griesing founder and managing member of Griesing Mazzeo Law. Courtesy photo

ADR

For many years my former colleague Chuck Forer regaled us with the travails of "Bob" a character through whom Chuck channeled the important lessons about how to practice alternate dispute resolution (ADR) ethically and effectively. Unlike the often bumbling "Bob," Chuck is an accomplished lawyer, arbitrator and mediator, and a gentleman as well. Although Bob retired in 2023 when Chuck penned his last submission for this column, Chuck is still fully engaged in his robust practice. I had the good fortune to overlap with Chuck in law school and practice as his partner at a firm for several years. On behalf of all the readers of this column over the past two decades, I thank and applaud Chuck for sharing his wit and wisdom with us. He will be missed, and his are big shoes to fill.

I cannot replicate Chuck's distinctive style and won't create my own incarnation of a "Bob"-like character, although from time to time I may introduce some new characters of my own. I welcome the opportunity to share my perspective on ADR having participated as an advocate, client, arbitrator and mediator over my 40-plus years in practice. At this critical time with so much discord locally, nationally and globally, the value of alternate dispute resolution cannot be underestimated. I will begin with a refresher on the basics—a review of what is encompassed by ADR for those who may not consider themselves practitioners in this arena although we all face and resolve disputes daily in our personal and professional lives. Whether you are negotiating with your school age children over doing homework, discussing with your spouse or partner upcoming vacation choices, or trying to persuade a contractor to complete repairs, you are engaging in a form of dispute resolution. In law practice, we usually focus on dispute resolution in the context of settling matters before or during litigation. But even those of us who concentrate on transactional work use dispute resolution skills to overcome impasse in deal negotiations, persuade regulators that our clients are in compliance, or coax clients to follow advice. There is a value to all aspects of legal work to appreciate the range and benefits of using alternate dispute resolution methods to protect and advance client interests.

So if ADR is not a part of your regular practice, what do we usually mean by "alternate dispute resolution" and what does it encompass? ADR is generally used to refer to a range of methods by which parties resolve or settle their differences outside of litigation rather than submitting to judgment by a judge or jury. Although there are several forms of ADR, most of us are most familiar with arbitration and mediation, with arbitration being akin to scaled down litigation resolved by a decision maker or panel of decision makers selected by the parties. In contrast, unless the parties agree to a binding mediation, the neutral mediator does not reach a "decision" as arbitrators do, but rather a mediator endeavors to facilitate the parties reaching a resolution they can both accept. Even within those processes, there are also many variations.