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Litigation is often time-consuming and always costly, and even a victory at trial may not be the best way to meet a client’s objectives. Increasingly, litigators look past the emotion of going to court and pursue alternative dispute resolution through arbitration or mediation. Doing so successfully, of course, requires understanding the law and the appropriate ADR techniques. But what is often overlooked is that the process of securing agreement to pursue alternative dispute resolution is very similar to the process of successful marketing. A successful marketer develops relationships, builds bridges and wins confidence. Marketing in this sense means learning about a client’s needs, pinpointing how to meet them, and making clients feel valued and understood when they receive such focused attention. Creating such a foundation of trust is essential in ADR and marketing, and the skills for doing so are similar.

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