Doesn’t ADR suggest weakness?

Unquestionably, many lawyers are reluctant to consider negotiation, or any other ADR process, because they fear that to do so suggests a weakness in their case. To overcome that appearance, many corporations and law firms are adopting policies regarding the use of ADR in suitable cases, and becoming signatories of protocols such as the dispute resolution protocol of The Canadian Foundation for Dispute Resolution, or pledges such as the corporate policy statement of the CPR Institute for Dispute Resolution, the effect of which is to actively and voluntarily consider the use of ADR in all suitable cases. The hurdle to resolution may be one of perception. The reality is that ADR (except for binding arbitration) is a non-binding process – one from which a party may walk at any time. Parties remain in control of the process, and the outcome.