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Steps in Preparing for an ADR Hearing

What is Alternative Dispute Resolution?

Alternative Dispute Resolution (ADR) is a system of processes designed to assist parties in resolving their disputes economically and more quickly than the traditional court system. Its value lies in reducing the time, cost and uncertainty in the civil justice system. The key to achieving successful results in ADR is preparation. The following represents the basic steps to prepare for your hearing.

Overview Of the Steps

Step 1: IDENTIFY THE ADR PROCESS IN WHICH YOU ARE GOING TO PARTICIPATE
Step 2: UNDERSTAND THE RULES AND GUIDELINES OF THE ADR PROCESS
Step 3: CREATE A CASE "ROAD MAP"
Step 4: DEVELOP A NEGOTIATION STRATEGY
Step 5: OBTAIN AUTHORITY TO SETTLE
Step 6: DETERMINE WHO WILL BE ATTENDING THE HEARING AND ASCERTAIN THE ROLE THEY WILL PLAY
Step 7: YOU AND YOUR ATTORNEY
Step 8: OPENING STATEMENTS
Step 9: MAKING IT EASY TO REACH AGREEMENT
Step 10: REACHING AGREEMENT

 IDENTIFY THE ADR PROCESS IN WHICH YOU ARE GOING TO PARTICIPATE

*MEDIATION-A private, voluntary process in which an impartial person facilitates communication between the parties to promote a mutually agreeable settlement.

*ADVISORY HEARING-When a neutral individual, usually one who has been mutually selected by the parties, listens to an abbreviated presentation of the case and renders an advisory opinion on factual or legal issues as well as damages.    

*MEDIATION/NON-BINDING ARBITRATION-When the parties agree to mediate with the stipulation that the neutral Hearing Officer will decide any outstanding unresolved issues.  Pre-hearing negotiation of creative ground rules can limit the scope of any such non-binding arbitration.

*ARBITRATION/BINDING MEDIATION-An adversarial process in which the disputants select a hearing officer  to review and listen to evidence and render an award or decision. A "high/low" side agreement that defines the parameters of the award or decision frequently is negotiated by the parties prior to such a hearing.

UNDERSTAND THE RULES AND GUIDELINES OF THE ADR PROCESS

*CONFIRM THE AGREEMENT TO THE HEARING AND THE COSTS INVOLVED-Most ADR providers will supply a basic agreement to the participating parties that, when integrated with that provider's Procedural Rules, sets forth the procedures for the hearing and responsibility for costs.  Additions and modifications to the agreement can be included to tailor the agreement to the participants' particular  needs.  Generally however, when the format of the hearing is non-binding, the agreement will have to be quite flexible due to the fact that the parties may terminate their participation at any time.

*If the hearing is binding, make sure that the written agreement is executed by all parties.  This will confirm that inadmissible and non-discoverable written and oral statements published during the hearing can be used later against someone in court.  This is particularly important when a more comprehensive confidentiality agreement is contemplated by the participants.  You should also insure that the Hearing Officer has your permission before disclosing information you have revealed in a private session to the other side/s.

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