Several years ago, I wrote a column on changing trends in corporate use of Alternative Dispute Resolution, including a trend toward greater use of mediation. I noted that the ABA Journal had reported that arbitration had lost some of its previous appeal to corporate counsel; the shortcomings included growing costs and failure to proceed as informally as it had previously done,
In that same year, 1997, the highly respected Cornell/PERC Institute on Conflict Resolution released a report, based upon a survey of Fortune 1000 companies, indicating a growing use of ADR but with a stated intention to use more mediation in the future. While cost savings was prominently given as a reason for more anticipated mediation use, almost as many responders cited other factors which made it appealing.
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