They may also be more concerned about trying cases before jurors who have, at best, great difficulty deciding which set of scientists or engineers to believe. At least in the context of patent litigation, it is any mechanism for parties to resolve their dispute other than through traditional court litigation. ADR can involve full discovery, testimony before several arbitrators and a right to appeal. It can even be limitedscope litigation. ADR can occur anywhere between the time the parties' realize a dispute exists and the time that the winning party is satisfied or the loser has exhausted appeals.
Parties can design whatever process they mutually desire.
There is no cookie cutter. What works in one situation may fail in another. Attorneys are of value to clients because they know the rules. ADR gives attorneys the additional advantage of being able to make rules that maximize opportunity for success in light of party relationships, the internal dynamics of each party, and the nature of the dispute, including the fact issues. Broad types of ADR beg for tailoring.