ADR Practice Tips
Meeting Expectations
Since mediators, arbitrators, lawyers and their clients all have different styles, it is critical for the neutral to explain the process to all the participants prior to addressing the particulars of the dispute. Like the ADR processes themselves, there is a great deal of flexibility in how this can be done. Some neutrals will telephone each advocate prior to convening the session; some will send standard correspondence or rely upon an administrative organization to perform this function. Many neutrals will do so in the opening session by making a detailed oral statement.
Setting the stage and quickly focusing the participants on reasonable expectations for the process and the role of the neutral is critical for successful conflict resolution.
