Legal Toolkit Michigan Alternative Dispute Resolution

What to Bring to Alternative Dispute Resolution?

As ADR involves a process that may result in the resolution of your case, you should bring to the process a full understanding of the strengths and weaknesses of your case and the strengths and weaknesses of the opposing party’s case.  Be as objective as possible in this assessment and your attorney can be an invaluable source for your objectivity and heed his or her advice.  Your attorney will discuss with you any specific documents and other materials that might be brought.

Also, discuss with your attorney a negotiating strategy and pursue that strategy throughout the course of the ADR process.  Also, be flexible and be willing to learn.  It is not unusual that as you discuss your case with the Mediator, or other ADR neutral, you will learn and gain important insights into the risks you are confronting should you decide not to resolve your case.  Also, as you have certain interests in resolving your case without the cost and uncertainty of a trial, attempt to determine the interests of the opposing party in resolving his or her case.  It is not uncommon that these interests can be of great assistance in the resolution of a dispute.

When engaging in ADR it is also important to point out what “not to bring” to the process.   If you have already made up your mind that you are only intent on taking your case to trial, have unlimited time and money to spend on the litigation process and attorney fees, and have determined that winning at trial is all that is important to you (and you are willing to accept the risk that you may not prevail at trial at all), then ADR processes will not be of any assistance to you.  In virtually all other circumstances, ADR can be beneficial and surveys taken by courts across the country indicate that litigants who engage in ADR have been very satisfied with the process.