When is the best time to suggest ADR in legal cases?
For court-connected matters many courts are increasingly requiring mandatory mediation within specified timelines. The use of ADR is also on the increase across the country when legal issues are in dispute but a lawsuit has not yet been initiated.
If, for any reason, ADR is not initially thought to be appropriate, it can still be considered as circumstances change and at each milestone in the litigation, for example:
- when proceedings close
- when documents are created
- when discoveries are made
- setting down for trial
- when the witness is prepared for trial
ADR’s high success rates suggest that parties should use ADR first and litigate only when there are sound reasons to justify it.