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Cover A Practical Approach to Alternative Dispute Resolution

3. Factors Influencing the Selection of an ADR Option  

This chapter identifies the factors influencing the selection of an alternative dispute resolution (ADR) option. A lawyer has a general professional duty to give legal advice on ADR options, and there are identifiable points in a case and in litigation where this is particularly important. It is good practice to have a coherent strategy as regards potential use of ADR to resolve a dispute. There are many factors that may be relevant to the use of ADR, and to which form of ADR is most appropriate, including cost, the nature of the dispute, and the objectives of the parties. It is important to select the ones relevant to each case. The chapter then considers the various concerns which may be expressed in relation to ADR, as well as the various ways to encourage a reluctant opponent to use ADR.