A View of ADR as Part of the Process Instead of an Alternative to the Process
In law school I had the impression that Alternative Dispute Resolution was a practice area separate from litigation. Seemingly, there was a Chinese wall between the trial advocacy classes and ADR classes. After all, my ADR classes never discussed the techniques for cross-examinations, and my trial advocacy classes never discussed mediation or arbitration strategies.
The ABA Young Lawyer Division’s latest newsletter perpetuates that myth in an article entitled “Top Ten Mistakes Litigators Make in Arbitration.” Certainly, the article gives good advice in telling us what to avoid — serving excessive document requests, using delay tactics, not cooperating, not being prepared, introducing redundant testimony, and filing untimely submissions. However, that advice is equally applicable to litigation as it is to arbitration.
In my experience, the differences between litigation and arbitration are cosmetic.