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3 Faces of Party Selected ADR

Frederic N. Smalkin, Retired Chief Judge, US District Court for the District of Maryland
Frederic N. Smalkin, Retired Chief Judge, US District Court for the District of Maryland
JAMS Arbitrator, Mediator, Referee/Special Master, Neutral Evaluator

Published June 1, 2018

Mention ADR to many lawyers and litigants, and their response might well be that it is simply a court-mandated attempt at settlement that they must undergo before proceeding to trial, no matter what the actual likelihood of a settlement is. Some might be ready, depending on the nature of, and the amount of money at stake to try in earnest to settle the matter, while others might know that mandated settlement is highly unlikely to achieve its goal in their case, for reasons running from the skills of the mediator through personal animosity of the parties to the bottom line – the amount of a money settlement.

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