ADR Assessment

[ADR Suitability Questionnaire]
[Litigation v. Arbitration Questionnaire]

Answer a Series of Questions to Determine the Likelihood of Resolving a Specific Dispute by ADR

Introduction

Evaluating Cases for ADR
The hallmark of successful ADR is promotion of early and inexpensive dispute resolution. But the first step is determining whether a particular dispute is suitable for resolution through ADR.

The ADR Suitability Questionnaire was adapted by CPR Institute for Dispute Resolution from a screen developed by Debevoise & Plimpton under the leadership of Robert L. King, to help lawyers and clients make this important judgment. This assessment checklist objectively evaluates relevant factors that tend to promote or obstruct successful use of ADR.

When we use the term "ADR" in the questionnaire checklist, we mean any technique for the consensual resolution of disputes, whether by mediation, mini-trial or other structured settlement device. This definition excludes binding adjudication of any form. Mediation is the most widely used consensual procedure and is the presumptive procedure of choice. Depending on how it is structured and conducted, mediation can include elements of evaluation.

Determining the suitability of a dispute for resolution by ADR is a matter of judgment, and cannot be resolved by mere numerical comparison of the factors favoring and disfavoring ADR. In the end, the process of evaluating the dispute for ADR rather than the result of that process may provide the most guidance in exercising that judgment.

Several of the suitability questions require consideration of how the decision-maker(s) on the other side of the dispute would respond to the same question. The participation of your principal decision- maker(s) in completing this checklist will help you anticipate the opponent's responses.

Using the Questionnaire
Answer each question by indicating the choice that describes most accurately the dispute you are considering as a candidate for ADR. An (a) answer indicates a factor tending to make the dispute suitable for ADR. A (b) answer generally indicates the opposite. On questions where an asterisk appears, however, a (b) answer does not necessarily argue against consensual ADR.

Your responses should consider how the lawyers, as distinguished from the parties, affect the dispute's suitability for resolution by ADR. Accordingly, as used in the questionnaire, the term "side" includes not only a "party" but also its "counsel." Reference in the checklist to "two sides" is not meant to suggest that this screen is of utility only in two-sided litigation. In multiparty litigation, the "two sides" should generally be taken to mean the plaintiff group and the defendant group. However, in multiparty litigation a recalcitrant party occasionally may make effective ADR impossible.
Now go to ADR Suitability Questionnaire.

[Litigation v. Arbitration Questionnaire]