Deciding whether or not a case is a good candidate for alternative dispute resolution (ADR) is complex and should be approached with caution. Resolving a case through mediation can save time and maintain confidentiality. However, understanding the benefits and detriments to both ADR and lawsuits is critical to obtaining desirable results.
"In large dollar cases, mediations are almost universally failures if they are done too early," explains Reed Oslan, a litigation partner at Kirkland & Ellis in Chicago. " As a case moves closer to trial, the parties get more realistic about the outcome."
This article appeared in its entirety in the February 19, 2007 edition of Crain's Chicago Business.