ADR-the Fastest Growing International Trend
February 17, 2004Two decades after the foresighted corporate pioneers who founded The CPR Institute for Dispute Resolution first brought ADR into the legal lexicon, the use of mediation and a host of other conflict management tools have revolutionized the way we settle legal cases. This revolution has impacted upon the corporate community in terms defined by billions of dollars. And now the use of ADR by the world’s most renowned practitioners is moving overseas, with global force.
CPR, a nonprofit alliance of 500 of the largest global corporations, law firms, scholars, and public institutions, is an ADR pioneer and leader. We would be pleased to serve as subject matter expert for future stories you develop, or write an article on one of the following topics.
o ADR, A Primer – There has been a dramatic increase in the number of complex, multi-million dollar cases resolved by ADR procedures – and that number is growing, not just here but throughout Europe, China and the Far East, and Latin America. How and when does ADR work? What are the implications for corporations doing business in the U.S. and abroad?
o Consumer Disputes and “Private Justice” – Today, millions of buyers of all kinds of consumer goods and services are being called upon to resolve claims against companies through private processes such as binding arbitration. While avoiding the courthouse may save everyone time and money, private alternatives raise basic questions about satisfaction and fairness.
o The Vanishing Trial – A widely-publicized 2003 study confirms that while court filings are at an all-time high, fewer cases go to a judge or jury. What are the causes, and the present and future consequences of this evolution?
o Incidents of Outrageous Originality in Getting the Deal Done – Creative mediators talk about innovative ways of settling seemingly intractable problems out of court – and laying the groundwork for more satisfactory business relationships.
o Building More Effective Corporate ADR Systems – A growing number of companies have developed new programs for nipping conflict in the bud and saving millions of dollars in litigation costs and even greater risks. What techniques are currently employed, and just how well are they working? Case studies and statistics are available.
o Baseball’s “Last Offer Arbitration” – What is the impact of this technique on baseball, in which a private judge must select between one of two “final offers”? What are other potential applications of “baseball arbitration”?
o Employment Dispute Resolution – Increasingly, employers are asking prospective employees to commit to multi-step procedures, including mediation, for resolving employment-related issues. A survey of twenty leading corporate programs illustrates the range of possible solutions, and variable practical and legal benefits and concerns.
o Global Evolution in Conflict Resolution – Today, US-style litigation has begun to rear its head in Europe and other parts of the world. At the same time, some companies in the EU, the Far East and other places are turning to mediation and other out-of-court processes to avoid the costs and risks of litigation – while others are resisting.
If you would like to develop any of the above – or any other topic on litigation and alternative dispute resolution, it would be our pleasure to be of help to you.
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