ADR: VIRTUE OR VICE? - Dispute Resolution Journal - Vol. 54, No. 2

Author(s):

Edward J. Costello

Page Count:

9 pages

Published:

May, 1999

Author Detail:

The author is a Los Angeles-based arbitrator/mediator/private judge. He is also an adjunct professor of law at Loyola Law School, and the
author of numerous articles and the book Controlling Disputes: Alternative Dispute Resolution for Business (CCH, Inc. Chicago, 1996). He is a member of the AAA’s large complex case panel of arbitrators/mediators.

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Description:

Originally from Dispute Resolution Journal

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“Why would any lawyer who bills by the hour ever want to suggest ADR to his or her client?” Aimed at counsel, this article offers a step-by-step guide to the merits and pitfalls of employing alternative dispute resolution mechanisms and details the occasions when ADR is the best route to take for both counsel and client.

Traditional litigation is not, and has never been, the primary dispute resolution mechanism in America. From the founding of the Republic to today, most disputes are resolved by direct party negotiation. A humbling, albeit true, observation for us lawyers and judges. Litigation has always been just one of an array of dispute resolution mechanisms ranging from negotiation to calling in an air strike on the opponent. Since advocates have the duty to help their client resolve a dispute in the most favorable and economical manner consistent with legal ethics, all items on the dispute resolution “menu” should be considered (except, of course, the air strike).