Benefits of ADR
There are benefits to using ADR as an alternative to litigation. These include, but are not limited to the following:
- ADR can save participants time and money. It allows the courts to wisely conserve trial resources for those cases where there is truly a need for litigation.
- Often, parties are able to preserve their relationships after ADR; in trial there is a winner and a loser.
- ADR provides more open, flexible, and responsive processes that are tailored to the unique needs of the parties.
- ADR outcomes address the real needs of each party in an informal process that offers customized solutions and enhances community involvement in dispute resolution.
- Using ADR instead of litigation often results in greater participant satisfaction.
Despite its many benefits, ADR may not be appropriate in all cases. As a general matter, the following situations should be seriously considered before using ADR as an alternative to litigation:
- Where one party uses intimidation or refuses to share information
- Where a party is too afraid to negotiate assertively
- Where a party wants to continue to litigate
- Where a party wants to establish a judicial precedent
- Where there is recent or continuing domestic abuse or violence involving the parties
- Where one or both parties are not mentally competent to understand the issues and negotiate assertively
- When one or both parties are impaired by alcohol or substance abuse and cannot effectively negotiate
- When the disposition of the participating attorneys is one of hostility and/ or incompatibility
Cases are generally referred to an ADR procedure by the Superior Court Judge presiding over the case. Parties may request that a Judge refer their case to ADR at any time. ADR forms are available in the Law Library Resource Center: https://superiorcourt.maricopa.gov/llrc/, and parties may contact the ADR office for additional information.
Referral Flow Charts:
- ADR Family Settlement Conference Referrals
- ADR Civil Settlement Conference Referrals
- ADR Short Trial Referrals
- ADR Probate Settlement Conference Referrals
Terms and Definitions
ADR Program Coordinator
Contact the ADR Office
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