September 2005

Are you using alternative dispute resolution more often in your practice than in the past?

The world of litigation practice is changing. With the cost of going to trial continuing to increase, clients are looking to end disputes without breaking the bank. In September, you reported that the use of ADR in your practice in on the rise.

According to our poll results, 87% of respondents are using ADR more frequently than in the past. A majority of these lawyers have been in practice for 10 years or more.

Your Opinions:

“The plus is that it enables some difficult cases to be settled, that would not settle otherwise. The minus is that it seems to be diminishing the actions of counsel on both sides to keep their clients reasonable and manage their expectations.”

“Preparing the case has changed, knowing that a mediation may be likely (e.g., videotape depositions).”

“Less actual trial work, which I miss. However, probably more cost effective for the client. Civil litigation has become very expensive.”

“Insurance company clients are giving greater emphasis to early analysis and track assignment (i.e., settle or defend).”

“Cases settle more quickly, there is less time spent developing the case, and there are fewer cases.”

“Generally faster and more cost-effective case resolution with more constructive results in which the client had a choice.”