In almost every context, the parties can use any standard method that they choose, or invent their own procedure designed to meet their unique needs. ADR can be conducted without either side being represented by an attorney. If the participants are represented by attorneys, ADR sessions can involve the attorneys or can be conducted by the parties without counsel present. The method and setting should be carefully selected to optimize the chances of a successful resolution of all disputed issues. Cost savings by the use of ADR will depend on the complexity of the case, the timing of the ADR efforts and the method used.
Savings are also dependent on the successful conclusion of a settlement.
An early ADR resolution can save months of attorney fees, preparation costs and emotional stress. Even if ADR is used just before trial, the saving of attorney fees and costs can be substantial if a trial is avoided. Equally important are the non-monetary benefits that can come from an opportunity to craft a settlement of your own design. It is important to note that cost savings are not always realized. In some instances, the cost of the ADR procedure may equal or exceed the cost of litigation.