The Alternative Dispute Resolution Committee is concerned with developments and optimum use of all forms of alternative dispute resolution, including arbitration, mediation, summary jury trials, mini-trials, early neutral evaluation, as well as effective settlement and negotiation techniques. Alternative dispute resolution is considered both within the formal litigation process and pre-suit. The committee sponsors numerous programs to enhance the advocate's skills in all dispute resolution procedures because knowledge of ADR techniques is particularly essential for trial lawyers.

When parties with connections to more than one state decide to memorialize their understandings in writing, frequently, the one with the upper-hand will insist upon including a “choice of law” clause tying the parties to the law of its forum state. However, as a recent New Jersey court points out, the inclusion of such a clause does not mean that it will avoid judicial scrutiny or automatically be “rubber-stamped”.

Parties to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention” or “New York Convention”) undertake to recognize an “agreement in writing” to submit a dispute to arbitration. Although Article II(2) of the New York Convention clarifies that “agreement in writing“ shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams[,]” U.S. courts still grapple with the question of what constitutes an “agreement in writing” for this purpose.