Domestic Diversions

Home or away?

10 QUESTIONS ON ADR
7. Where should the ADR be conducted?
On neutral territory.

Most mediators and arbitrators have offices suitable for ADR proceedings. Those who do not know of conference room space available to them. It is usually better to share the cost of renting conference space if necessary rather than conduct the proceedings at opposing counsel’s office. The advantages to opposing counsel, as well as the assorted distractions and interruptions inherent in being physically locating within one’s own office, at best will impose delay on you and your client. At worst, it might drive the outcome of the case.

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