Alternative Dispute Resolution ("ADR") Trends: The Growth and Prevalence of ADR in Litigation

Alternative Dispute Resolution (“ADR”) Trends: The Growth and Prevalence of ADR in Litigation The Growth and Prevalence of ADR in Litigation By Bradley A. Kletscher Those who have been through litigation over the course of many years have seen a gradual change in how litigation is conducted. Litigation has gone from trial “by ambush” to full discovery and trial, to Alternative Dispute Resolution (“ADR”) without a trial. ADR is the process through which litigants attempt to resolve a dispute short of a full trial on the merits before a judge and jury. The Trend Toward ADR Over the past two decades there has been an explosion in the number of cases filed in state and federal courts across the country. This is a result not only of the growing economy of this country, but also the growing number of individuals and businesses across the country involved in litigation. As the number of cases have grown, courts have looked for a method by which they can reduce the number of cases on their docket short of a full trial and decision on the merits. The method to accomplish this is ADR. In addition to the Court’s desire to clear their docket of cases is the interest of individuals and businesses in reducing the cost…