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n both speed up the resolution process and provide a fairer result. In a classic mediation, for example, all parties generally begin by signing a confidentiality agreement providing that all information revealed, positions taken, admissions made and views expressed are not discoverable. As a result, parties often feel more comfortable revealing things they would not wish to state publicly. The assurance of confidentiality often enables the mediator to obtain a broader and more comprehensive understanding of a case, which in turn allows the mediator to better assist the parties in reaching a settlement. A mediator is able to move beyond public bargaining positions and understand the genuine needs of the parties.

D. ADR Enables the Participants to Use Creative Resolution Strategies and Retain Control of the Process.
When the parties agree to use ADR, they are free to fashion whatever resolution strategy to which they agree. They can stick with one of the established methods discussed below, or pick and choose some elements from each, or even design something entirely new.

E. ADR Neutrals or Decision-makers Can Be Experts in the Subject-matter of the Controversy.
In many ADR cases, the parties have more input into who the person hearing the case is than they would in traditional litigation. In arbitration, for example, the arbitrator is often selected based on his or her subject-matter expertise. This can be especially important in complex cases.
In the mini-trial, another ADR method widely used in large- scale disputes between businesses involving complex legal and factual questions, such as products liability, construction and antitrust cases, the case is "tried" before the top management of both parties rather than a judge or jury. Often an expert in the subject area sits with the parties' management representatives.
The parties are often more confident leaving the decision to or being guided by someone who actually knows the particulars of their industry or type of conflict, and are therefore often more satisfied with the result.

F. ADR Helps Preserve Relationships.
Generally speaking, once a lawsuit is filed, the opposing parties' positions become polarized and the focus becomes proving that "I'm right" and "You're wrong." This adversarial attitude is obviously not conducive to maintaining a positive relationship between the parties, but in many business cases that should be the goal.
Say, for example, you represent ABC Manufacturing Company, which regularly purchases all of its widgets, a necessary component of its products, from XYZ Corporation. After much research and experience, ABC determined that XYZ provided the best widgets at the best price. Recently, however, XYZ failed to provide the requisite number of widgets and, as a result, ABC was unable to honour its obligations to its customers. Now everybody has sued everybody else up and down the chain of distribution. The adversarial nature of the traditional litigation process may not serve your client's best interests in this case, because ABC would be best served by preserving its business relationship with XYZ. Alternative forms of dispute resolution can resolve the present conflict without the adversarial go-for-the-throat tactics of a trial.
The construction industry is another good example of an area in which ADR is often preferable to litigation. In construc本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。