Private Dispute Resolution Advisor

Parties could use help identifying a litigation plan and ADR process(es) that might be most effective in “right sizing” the dispute resolution process(es) to achieve an economically appropriate, speedy and just resolution. While the court might advise on the merits of using any of a variety of ADR processes during the life of the case, and certainly during the moderated scheduling process discussed above the use of a private dispute resolution advisor is an option for the parties to consider where appropriate.

This process is most productive if protected by confidentiality and the court is only advised of the agreements reached.

Indications for consideration:

  • The parties’ interests in the dispute include: developing a creative solution; maintaining confidentiality; preserving an ongoing relationship; narrowing the issues in dispute; or where high emotions are present

  • One or more of the parties appear determined to “over-litigate” the case
  • One or more of the attorneys appears to need assistance in client control
  • One or more of the parties need assistance in evaluating the strengths and weaknesses of the case and could benefit from establishing a proportionate discovery plan
  • One or both parties are proceeding pro se

Timing

At any time during the course of the litigation but may be most helpful to address at the initial case conference or as a precursor in formulating the case calendar.