Category: early dispute resolution

If the costs of the resolution of an environmental or natural resources claim are uncertain, how can you make mediation or arbitration (ADR) successful? No dispute is immune from uncertainty.  Take a personal injury case where all costs have already been incurred.  Disputed issues still remain as to the facts and law relevant to liability,…

Conventional wisdom tells you to pursue alternative dispute resolution (ADR) as soon as you have enough information to obtain a satisfactory resolution of your claim. This means scheduling arbitration as soon as you can provide the arbitrator with enough information to decide liability and damages. It means scheduling mediation once you have the facts needed to present…