With legal disputes at an all-time high and courts facing record backlogs, alternative dispute resolution (ADR) is more relevant than ever. As attorneys and clients turn to ADR, it is important to understand how the “behind the scenes” case management can facilitate a smoother process and ultimately support a successful settlement.
While choosing the right mediator or arbitrator may be the main focus when entering into the ADR process, the importance of picking an appropriate ADR provider should not be overlooked. The professionalism of case administration, the sophistication of the technology, the level and consistency of the support, and the comfort and convenience of the facilities all factor into the overall client experience, which can impact the outcome.
First and foremost, selecting an ADR provider with a positive, collaborative culture will be instrumental for a successful experience. While important, this involves more than just excellent customer service. The entire ADR journey should be seamless—from start to finish.
The Experience Starts Before Ever Setting Foot in the Dispute Resolution Facility
The adage “Never judge a book by its cover” doesn’t apply when choosing the right provider. An ADR provider that sweats the details is more likely to deliver the support needed to attain a successful outcome. First impressions do matter.
In fact, the ADR process itself starts before the attorneys and clients ever set foot in the hearing location or connect through a virtual channel. A good provider will offer highly professional case management that engages the participants early, helping them to be prepared for the process. This typically involves working through the logistics of scheduling, which might include determining how many people will be participating in person, how many will be joining remotely, what rules will need to be put in place for the parties and what technologies will be required by the participants and the neutral.
A dedicated case manager will work behind the scenes with the client experience team to execute on the aforementioned logistics, helping to deliver a seamless ADR process on the day or days of the conference.
So, why does the quality of the experience matter? For the attorneys, knowing their clients will be in a safe environment that is comfortable and designed to minimize stress is particularly important as both sides work to reach a settlement. Consistency of the experience is also vital, as participants may be located in different regions, so knowing the facilities will be uniformly of the highest caliber no matter where they are located is key. Given the ongoing success of virtual hearings, it is essential to have a dedicated team supporting virtual business operations. In the end, attorneys and clients should not be distracted by the little things that might create frustration, which frees them up to focus on getting the dispute resolved.
What to Look for in an ADR Provider
As previously mentioned, an effective ADR provider will offer a consistent, high-quality experience across all of its facilities and virtually. Regardless of where the participants are joining the conference from, they should be able to rely on a first-class environment tailored to support their needs. Spaces for privacy should be available so participants can communicate and strategize with company leadership, should they need to.
In evaluating an ADR provider, attorneys and clients should expect very responsive case management and client experience teams that address concerns and requests expeditiously. When arriving for the conference, participants should be greeted warmly, there should be a sense of calmness that pervades the facilities, and team members should be attentive and ready to provide direction, if needed.
In any professional dispute resolution setting, the environment plays a critical role in supporting focus, collaboration and efficiency—especially during complex cases that may stretch late into the evening. Thoughtfully curated refreshments help maintain energy and focus throughout the day. At JAMS, it’s not uncommon to find cold-pressed juices, kombucha or cold brew available alongside fresh fruit, artisanal cookies and high-quality snacks. When proceedings run long, having nourishing meals and beverages accessible helps to make sure that participants remain refreshed and ready to engage.
Just as important are the behind-the-scenes details—like the efficient facilitation of secure digital signatures—that enable agreements to be executed promptly and without unnecessary delay. These small but intentional touches contribute to a smooth and supportive resolution experience.
The Increasingly Important Role of Technology
Technology’s role throughout the settlement journey cannot be underestimated. Whether all parties are appearing in person in a hearing location, some are attending remotely via videoconference, or all are participating remotely, the technology must be state of the art. This means caucus rooms with monitors and cameras that automatically focus on the person speaking in the room so those who are joining virtually can see the person speaking at any given time. Mobile modular cameras and monitors should be available as well in cases where a remote connection is needed midway through the proceedings. Consistent high-speed Wi-Fi connectivity is another requirement, if for nothing else than to have access to the internet for laptops and phones.
A quality dispute resolution facility will have all the technology in place prior to the arrival of the participants and will have tech teams on hand to resolve any issues should they arise. Tech support should be available to any participants who are trying to connect remotely so that any problems they may have can be handled with alacrity.
Exciting new artificial intelligence-driven tools are increasingly available. For instance, new platforms featuring automated note-taking can be used by participants as well as neutrals. These advanced tools hold the promise of streamlining the ADR process, eliminating some of the more tedious tasks.
A Culture of Continuous Improvement
As attorneys and clients consider which ADR provider they wish to use, it’s important to consider all the factors we have discussed thus far. They might also want to look for a provider that is committed to continuously improving the settlement journey. JAMS, one of the leading ADR providers—with Resolution Centers across the country and one of the most respected and talented panels of neutrals in the industry—is one such organization committed to delivering a premium customer experience.
When settlement is finally reached and everyone heads home, that is not the end of the process for JAMS. Client follow-up is conducted to seek feedback on the experience with an eye toward improvement. As needs change, practices are adjusted. A culture of continuous improvement is an important best practice to look for in a provider.
In this day and age where client experience is paramount, delivering the best settlement journey separates the good from the great.
