Pre-Dispute ADR Processes

Pre-Dispute ADR Processes: Laying the Groundwork

Before a dispute arises, organizations can take steps and build-in processes to mitigate their risks.  

ADR SYSTEMS DESIGN:  Effective ADR systems design is the cornerstone of any efficient dispute management and prevention program. To assist you, CPR offers two manuals which outline the best system design practices to institutionalize ADR:

• Building ADR into the Corporate Law Department: ADR Systems Design, highlights the best practices in corporate ADR systems design and profiles ADR programs at 23 major corporations and includes tools and forms employed by several leading companies, including BASF, GE, and Motorola.
• Building ADR into the Law Firm: ADR Systems Design, addresses law firm concerts about the economic viability of ADR and catalogues best practices in the use of ADR by leading law firms and includes useful practice tools and forms.

THE ADR PLEDGE:  The ADR Pledge is a statement of policy aimed at encouraging greater use of flexible, creative and constructive approaches in resolving business-related disputes. It promotes systematic, early resolution and establishes a flexible framework for helping to resolve complex multi-party disputes.  Clearly articulated and broadly communicated, the Pledge can be an effective way to initiate processes to resolve conflicts in straightforward and constructive ways, to yield better resolutions, and to control risks and expenditures of time and money. (To learn more, select this item in the menu on the left.)

EARLY CASE ASSESSMENT (ECA): ECA is a conflict management process designed to facilitate more informed and expedited decision-making at the early stages of a dispute. these Guidelines focus on evaluating the dispute so that an appropriate strategy can be formulated, whether that is settlement, full-bore litigation, or something in between, with an eye toward reducing or eliminating disputes as soon and as inexpensively as possible. CPR offers an Early Case Assessment Toolkit to assist in this process.  (To learn more, select this item in the menu on the left.)

ECONOMICAL LITIGATION AGREEMENT (ELA): A means of containing civil litigation costs, an ELA is a hybrid of civil litigation and arbitration, where parties agree to use finite, defined and proportional discovery procedures in lieu of conventional discovery.  Companies can incorporate the model agreement by reference into contracts with partners, suppliers and other B2B customers at the start of a business relationship. CPR offers a model agreement and guidelines for implementing this pre-dispute tool. (To learn more, select this item in the menu on the left.)