Is ADR suitable in all cases?
No. Most ADR processes are used on a voluntary basis and are suitable only to the extent the parties are willing to participate in them in good faith.
For cases when there has been sexual harassment, violence, and other forms of abuse and power imbalances, mediation is not considered suitable, and in domestic violence situations special screening procedures are used.
Within the legal context, there are cases in which ADR will not be the desire of one or more of the parties. Examples of such cases are:
- where the parties wish to set a precedent
- the parties want a formal judicial ruling on an existing point of law
- where a court order is required to enforce a judgment
- evidentiary processes are required to protect a party’s rights
- where extraordinary court relief is sought, such as a declaratory judgment
If a case is not suitable for ADR early in the dispute, it may still be appropriate at other points in the process.