Does proposing ADR suggest weakness to the other party?
Sometimes lawyers and clients are reluctant to propose negotiating to the other side, based on the “first to blink” principle, believing that it might show weakness to their opponent. The consequence is that firms commit to costly litigation when they have a more direct solution available. One way around this conflict-focused model is to make negotiation a mandatory part of the process.
Companies and law firms can sanction ADR as a tool to respond to a dispute by:
- adopting corporate policies that require negotiation, mediation, or arbitration before litigation.
- structuring agreements to include ADR components.
- signing pledges such as the corporate policy statement of the CPR Institute for Dispute Resolution, which agrees to use ADR approaches to dispute where they suit the circumstances.
Call us for more information on what you and your organisation can do to prevent and manage disputes.