Selecting the Appropriate ADR Forum for Your Case

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Virginia MCLE
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Courses purchased through the United Institute for Continuing Legal Education are provided and fully accredited by The National Academy of Continuing Legal Education, an approved Virginia State Bar MCLE Accredited Sponsor. To view our full accreditation details please .

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About This Course

Choosing the right ADR forum for tort cases is crucial, as not every forum is suitable for every lawsuit. Start by identifying the available ADR options, such as binding arbitration with high/low parameters, non-binding mediation, or hybrid approaches like Med-Arb. Considerations should include the jurisdiction, the status of the case (whether it's in the early pre-litigation stage, has undergone some discovery, or is trial-ready), and the potential impact of selecting a particular forum.

Your track record with arbitrators and mediators, as well as your client's preferences, should also influence your decision. Additionally, it’s important to research and select an ADR mediator or arbitrator with relevant experience in the specific case area. The value of the case is another key factor, as some may be too costly to mediate, making a time-limited binding ADR a more cost-effective option. The number of parties involved can also affect your decision since not all parties may agree on the choice of ADR forum.

Lastly, hearing "war stories" from others who have navigated similar decisions can provide valuable insights as you make your choice.

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