In ADR, advocacy is characterized by "partisan problem-solving". The advocate must remain a zealous representative of their client’s interests while adopting a collaborative stance to facilitate resolution.
Alternative Dispute Resolution (ADR) fundamentally shifts the advocate's role from a combatant in a "win-loss" arena to a strategic problem-solver seeking customized, efficient solutions. While traditional litigation prioritizes a "rights perspective," ADR emphasizes a "problem-solving perspective," requiring advocates to consider business, personal, and psychological factors alongside legal merits. This evolution demands that legal professionals act as gatekeepers, guiding clients toward the most appropriate forum—whether mediation, arbitration, or negotiation—based on the specific needs of the dispute. The Evolution of the Advocate's Role Alternative Dispute Resolution: The Advocate’s ...
Advocates typically navigate the "Big 3" of dispute resolution, each requiring a distinct set of skills: Alternative Dispute Resolution: The Advocate's Perspective " ADR emphasizes a "problem-solving perspective