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Selecting the Appropriate ADR Forum for Your Case

SKU: ADR5300

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Description

Initial Decisions in choosing an ADR Forum for Tort Cases are significantly important given that not every lawsuit fits each and every ADR Forum. First, identifying the choices of ADR forums (Binding ADR with high/low parameters, Non-Binding Mediation or Hybrid Non-Binding/Arbitration or Med-Arb.

Consideration then should deal with the nature of the jurisdiction that you are in, the status of the case (early pre-litigation cases, cases with some degree of discovery and cases that are both trial ready or have been already assigned to a trial date), the implications of requesting a “specific” ADR forum, your track record with Arbitrators and Mediators and your client’s preferences as well.

Additional considerations include the selection of the ADR Mediator or Arbitrator (i.e. doing your research on who works well with specific cases since you do not want to select an ADR person in an area which is not within the scope of that person’s regular bailiwick). Further consideration includes the value of the case since some cases may simply be too costly to Mediate as opposed to setting a time limit on a Binding ADR to effectively save costs.

Finally, the number of parties in a case may impact your selection process as well since the various parties may not agree with your proposal on these aforesaid issues.

Overall, some of the “war stories” that you will hear may help you when you need to make a choice as to your ADR forum.

Lecturer Bio

John M. DeFeo, Esq.

John M. DeFeo, Esquire grew up in the heart of South Philadelphia, Pennsylvania, attended St. Joseph’s Prep High School, St. Joseph’s University and Saint Louis University School of Law before passing the PA Bar in 1982 whereafter he embarked on a long career as civil litigator and eventually as a Mediator.

He worked for various litigation firms for 32 years, handling a vast variety of Civil Tort cases at the trial level as well on appeal, primarily in the Pennsylvania Courts as well as trial cases in The Eastern District of Pennsylvania. During that time, he handled a wide variety of major cases including commercial liability, construction defects, trip and falls, wrongful death, product liability and UM/UIM, but when needed, even the run of the mill cases including First Party, Worker’s Compensation and subrogation but also began serving as a private or Court appointed Arbitrator or Mediator.

For the past 6 plus years, he has only handled Alternative Dispute Resolution matters which have included hundreds of cases as a Mediator, Binding Arbitrator or chairperson on Alternative Dispute Resolution Arbitration panels mostly in Pennsylvania and New Jersey but also in New York as well as other jurisdictions as requested.

He has lectured on various issues in CLE courses as well as in-house presentations and enjoys working with various law schools on their Moot Court and Mock Trial competitions.

National Academy of Continuing Legal Education is a provider of accredited CLE courses throughout the country. To view our full accreditation details, please .

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Selecting the Appropriate ADR Forum for Your Case

Description

Lecturer Bio

John M. DeFeo, Esq.

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