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.